Skip to content

News

Self-Representing Clients in Court: A Comprehensive Guide

Navigating the legal system can be daunting, especially for individuals who choose to represent themselves in court or before a tribunal.  The right to self-represent is afforded to all individuals in Ontario. In fact, somewhere around 85% of legal proceedings involve self-represented litigants. However, it comes with both opportunities and challenges. This article explores the essentials of self-representation, the reasons individuals may choose this route, the potential pitfalls, and tips for success. Understanding Self-Representation Self-representation allows individuals to advocate for themselves in legal proceedings without the assistance of an attorney or paralegal. This can occur in various contexts, including family… Read More »Self-Representing Clients in Court: A Comprehensive Guide

Ontario Small Claims Court Explained – Statement of Claim

Small Claims Courts are designed to be a relatively quick and easy way to seek justice in comparison to the otherwise cumbersome and costly civil court system. While there is debate on increasing the maximum to $100, 000 (Alberta recently raised the ceiling) presently Ontario limits claims to $35,000 and lower. You don’t require a paralegal (or lawyer) to file, (or defend against), a claim.  That doesn’t mean that there couldn’t be a benefit to hiring someone, at least in the more challenging areas. But professional help is optional.  Small Claims is part of the Ontario Superior Court system and… Read More »Ontario Small Claims Court Explained – Statement of Claim

An Appeal Automatically Stays Eviction Orders – What If You’re Already Evicted

The Residential Tenancy Act balances the interests of landlords and tenants. It provides substantial security of tenure for tenants – at the expense of the landlord’s common law right to control the use of their property. This security of tenure continues until the tenant gives up the tenancy or the Landlord Tenant Board makes an order terminating the tenancy. Where the Landlord Tenant Board makes such an order, there are rights of reconsideration before the board, and appeal rights to a court, either of which may serve to stay an eviction order and delay the date by which a landlord… Read More »An Appeal Automatically Stays Eviction Orders – What If You’re Already Evicted

When Is An Eviction Order Not An Eviction Order

Tenants in Ontario can only be evicted from a rental property after the Landlord and Tenant Board (LTB) issues an eviction order. Getting that order can be a long-drawn-out process that for the fortunate ones only lasts months. Often hoping to expedite the process, parties can hash out arrangements by mediated agreements to cure whatever offending behaviour brought them before the LTB. ‘Hallway’ diplomacy between parties is one reason many demand a return to in-person hearings. Once a deal is struck, the LTB issues a consent order setting out the terms. The agreement typically has a one-year duration. The terms… Read More »When Is An Eviction Order Not An Eviction Order

Employment Contract Termination Clauses Gone Wrong

A recent ruling from the Ontario Court ruling should prompt a review of the language used in every employment contract termination clause.  Background The plaintiff was initially hired by the Township of Ignace (the “Township”) in late 2021 before transitioning to a new position with the Township as a Youth Engagement Coordinator in 2022. In November she signed a fixed-term agreement specifying that her employment in that role would continue through December 31, 2024. On January 26, 2023, the plaintiff’s employment with the Township was terminated on a “without cause” basis. At the time of the termination of her employment,… Read More »Employment Contract Termination Clauses Gone Wrong

Judicial Council Statement of Principles on Self-Represented Litigants and Accused Persons

In the fall of 2006, the Canadian Judicial Council issued a Statement of Principles on Self-represented Litigants and Accused Persons  The statement follows below but a few key takeaways for self-representing, or what could be more accurately characterized as, self-presenting litigants. You are responsible for familiarizing the relevant legal practices and procedures as well as preparing your case. Judges and court administrators have no obligation to assist a self-represented person who is disrespectful, frivolous, unreasonable, vexatious, abusive, or making no reasonable effort to prepare their case. A key requirement that has been noted on more than one occasion in this… Read More »Judicial Council Statement of Principles on Self-Represented Litigants and Accused Persons

Vaccine Exemptions for Students in Ontario

“Statement of conscience or religious belief” means a statement by affidavit in the prescribed form by a parent of the person named in the statement that immunization conflicts with the sincerely held convictions of the parent based on the parent’s religion or conscience; “statement of medical exemption” means a statement in the prescribed form signed by a physician or registered nurse in the extended class stating that the prescribed program of immunization in relation to a designated disease or designated diseases, (a) may be detrimental to the health of the person named in the statement, or (b) is unnecessary in… Read More »Vaccine Exemptions for Students in Ontario

Defending Yourself Against Strict Liability Offences

Administrative and regulatory bodies include tribunals, agencies, boards, commissions, self-governing professions, municipalities, and health and educational institutions. Part 3 Provincial offences (POA), bylaws, highway traffic offences, or parking tickets.  All non-criminal matters that on their face may seem minor – but not all. Many offences have the potential for exorbitant fines and even jail terms.

Authentication and Legalization is the Canadian Version of Apostille Certificates

As Canada is not a part of the Hague convention, apostilles are not done here. Instead, Canada does a similar process called Authentication & Legalization. It is essentially the same, is similarly recognized, and satisfies the requirement of an Apostille. Apostilles are often required for documents used in a foreign country ie registering or providing proof of marriage, divorce, or the birth of a child. It can also be required for study or work. While it’s not overly complicated, it can sometimes be frustrating depending on the foreign embassy you are dealing with (some require originals of documents, cover letters… Read More »Authentication and Legalization is the Canadian Version of Apostille Certificates