Resource – Sample Additional Clauses for the Standard Lease for Landlords and Tenants

Sample Additional Terms for potential use in Section 15 of the Standard Lease,  Residential Landlord and Tenant issues in Ontario

PLEASE NOTE – legal disclaimer, these are sample clauses designed to demonstrate the types of clauses that can be used to upgrade and personalize the Standard Lease.  The sample clauses do not and are not meant to capture every possibility or to be an exhaustive list. The sample clauses are not intended for use by any party and not designed for any particular situation or any landlord or tenant.   No liability can attach to the author for any use of these clauses.

Read more… “Resource – Sample Additional Clauses for the Standard Lease for Landlords and Tenants”

Workplace Bullying/Harassment: What Is It and What Can You Do?

 Introduction

If you are reading this, you might be wondering if what you are experiencing can be considered “workplace harassment” or “workplace bullying”. Most of us heard about it discussed in the news, reports of people getting charged with harassing somebody they worked with, or heard others complain about getting “harassed” at work. Maybe you are experiencing something at work or in your workplace that is bothering you, worrying you or creating a major sense of tension. First, let’s review what workplace harassment is.

What Workplace Harassment Is and What It Is Not Read more… “Workplace Bullying/Harassment: What Is It and What Can You Do?”

The Art of Written Communications with the Court

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Why you want to hire Browne and Associates Legal Services Prof Corp to draft your claim/defence/motion!

Pleadings are often mentioned in legal proceedings, mostly giving rise to a perplexed look from the individuals involved in pursuing the legal action. What is a “pleading” and why does it matter? Do you want one, and what type of pleading works best? What do you want to say to the Court and how do you say it? Read more… “The Art of Written Communications with the Court”

Welcome Home to Browne & Associates Legal Services

At Browne and Associates Legal Services our Paralegals pay close attention to your legal issues and desired outcomes and we focus our years of legal and practical experience on resolving your matter(s).  We offer a broad range of paralegal services to residents of our practice areas. 

You need results.  We deliver!

We begin by listening and understanding what you wish to achieve. Then we craft our advice to your needs and your fact scenario.  For you, results matter and the same is true for us.  Results for us are happy clients.  Or maybe we should say satisfied clients who have achieved their anticipated results.  Because we take on the matters that matter to you, results matter.

With our varied background and experience, we provide many avenues and ideas to reach your destination.  Call us today for a consultation, and learn your rights and options now! Read more… “Welcome Home to Browne & Associates Legal Services”

Why use Paralegals? Should Paralegals be in Family Law?

At the present time, paralegals are not involved in Family Law matters.  However, an ongoing crisis has been noted in Family Law,  approximately 60% of people in family court have no legal representation. At their most vulnerable, the legal system is failing the average person in Ontario.  In response, the Attorney General and the Law Society of Upper Canada sought assistance from Madame Justice Bonkalo in considering whether persons other than Lawyers, i.e. Paralegals, should be providing legal services in Family Law.  Justice Bonkalo’s report has caused a stir in the legal community, consisting of 21 recommendations including the recommendation that Paralegals, properly trained, be permitted to provide some services in Family Law.  A link to that report is here.

Attached is a brief video clip from Bruce Parson’s recent appearance on Get Legal Milton Cogeco, where I discussed the issue with gracious host Samantha Glass, special nod to technical wizard Anthony Luongo. He did what he could to make me look good, no easy task!

Choosing the Advocate that is Right for You

How Do You Find Information About a Lawyer or Paralegal?

Is Your Advocate a Regulated Professional?

So, you decided to hire a legal professional.  This is a daunting task.

First, check to see that your legal professional is listed in the Law Society of Ontario directory.  If their name is in the directory, they are licensed with the Law Society of Ontario and are able to provide you with legal advice or legal services.  Members in good standing with the Law Society of Ontario are insured for errors and omissions, as well as bound to a Code of Ethics.  If their name is not listed, they are not licensed and likely not authorized to provide the services you are seeking. Read more… “Choosing the Advocate that is Right for You”

Finding the Right Kind of Legal Assistance

There are many times in our lives when we experience problems that are beyond our grasp, where we need to speak to a professional.

If your car breaks down, you want a mechanic.  If furnace dies, you need an HVAC (Heating, Ventilation and Air Conditioning) technician.  If you develop health issues, you turn to your Family Doctor.  In the legal system, you have a broader choice of legal representation for many matters in Ontario.  In Ontario, you can choose to hire a Lawyer or a Paralegal.

As technology advances and we become more and more specialized in what we do, it becomes easier for each of us to understand the value of knowledge.  Like your auto mechanic, your family doctor or your HVAC technician, lawyers and paralegals offer specialized knowledge that can help you resolve your legal problems.  Browne & Associates Legal Services Professional Corporation is owned and operated by experienced paralegals that have practiced in the province of Ontario.  We also connect to lawyers that may be able to assist you in resolving legal issues that as paralegals, we cannot become directly involved in.

Read more… “Finding the Right Kind of Legal Assistance”

Statutory Accident Benefits: After the Accident

What Are Statutory Accident Benefits?

Statutory Accident Benefits (or SABS) provides “no fault” insurance coverage to accident victims after a motor vehicle accident.  You do not have to be a driver of a motor vehicle to receive it.  You can also be a passenger, a pedestrian or using public transit at the time.  The benefits are set out to pay for medical, financial and certain other costs related to your injuries.

SABS is part of a mixed no fault/tort liability system, whereby SABS is the ‘no fault’ benefit.  For those more seriously injured, there is the tort system.  Under tort, an accident victim sues the other driver to augment SABS and to receive other “damages” in tort.  In order to sue, you must meet what the courts call “threshold”, which is beyond the discussion here. Read more… “Statutory Accident Benefits: After the Accident”

Should I Sue in Small Claims Court?

Something happens.

You are fired from your job, purchase a car from somebody that did not actually own it or loan a friend some money they did not repay.

Your first thought is to file a small claims suit against the person you feel owes you money.

Do I Have A Case (for Small Claims Court)?

As paralegals, we litigate a lot in small claims court.  Small claims court can deal with many, but not all claims, under $35,000.00.  Many times, another body, such as the Landlord and Tenant Board or License Appeals Tribunal have the jurisdiction to deal with your claim.  In many cases, these other forums must be the place you file your claim and not small claims court.  Paralegals can litigate in these other forums and we can tell you if the small claims court does not have the jurisdiction to help you. Read more… “Should I Sue in Small Claims Court?”

Your Driving Privilege in Ontario

Rights Versus Privilege

As a practitioner, I often attend overcrowded Provincial Offences Courts, where individuals are often charged with driving offences.  If you can get past the line-ups to the front, you can often speak to Prosecutor to arrange a deal.  At the same time, Justices of the Peace explode into a tirade about how driving a motor vehicle is a privilege and not a right.  Reviewing the dockets these days is an amazing test of stoicism.  Dockets show one person after the other charged with “driving while under suspension”, among other related charges.

If you plead guilty to driving while under suspension, the Ministry of Transportation tacks on a further six months of suspension on your license. Defenses for this charge are limited, as this offence is considered a “strict liability” offence.  That means in essence ‘you should known better’.  In theory, all of this makes sense, but in reality this whole concept needs a rethink. Read more… “Your Driving Privilege in Ontario”