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Posts Tagged ‘common law’

How Can Hiring A Vaughan Paralegal Benefit Me?

Thursday, August 26th, 2010

Many people in Ontario hire lawyers for legal assistance; these people are unaware that they could hire a Vaughan paralegal for legal help. A paralegal is licensed and regulated just like an attorney and they are able to provide many of the same legal assistance services as a lawyer, but at a much lower cost. Other than the fact that you can save a significant amount of money by choosing a paralegal, hiring a paralegal in Vaughan, Ontario may be a better idea than hiring an attorney in many cases.

Ontario paralegals have the ability to perform duties which they are not permitted to in other countries. For example, in many court cases, a licensed paralegal may represent clients instead of an attorney. Like a lawyer, a paralegal is considered to be an independent officer of the court and can therefore deal with many cases which people traditionally see an attorney to handle. Keep reading to see a few of the advantages of hiring a Vaughan paralegal.

- Paralegals have completed a degree at an accredited college and have passed a licensing exam. You can be guaranteed that any paralegal you hire is skilled and knowledgeable enough to offer you proper legal representation. You do not have to worry that they will not know what they are doing or that they won’t be able to properly handle your legal matter. A paralegal is often just as knowledgeable about legal issues and as skilled at handling legal cases as an attorney.

- A paralegal gives you personal attention. Attorneys are often very busy, handling very large case loads. They may not have the time to give you one-on-one attention. They may use various legal assistants to handle most of your case, so you never really know who is doing the work for you. When you hire a Vaughan paralegal you are getting the services directly from them. They will be giving your case personal attention, so you know who the job is getting done correctly.

- Your case can often be dealt with more quickly when you hire a paralegal instead of an attorney. Most lawyers have to schedule your case in order to meet their already overloaded case schedules, which can cause significant delays. A paralegal carries a smaller caseload and as such, can usually get your case resolved much faster than a lawyer would be capable of doing.

When you choose to hire a Vaughan paralegal, you will get all of the legal knowledge and expertise you need to make sure that your case is handled correctly and resolved in as short of a time as possible. You will also save quite a bit of money in the bargain, given the lower rates which a paralegal typically charges. If you have legal issues which you need professional help with, you may not need to call an attorney – simply call a Vaughan paralegal and your case will be dealt with quickly, professionally and at a reasonable cost.

Before you hire a lawyer, make sure you check Melissa Weber website, she is a Vaughan paralegal go her website to know more about Paralegals in Canada


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Small Claims Court In Toronto

Friday, August 13th, 2010

Making a claim at the small claims court is the best way to settle simple money or property disputes. Small claims courts are authorized to try small claims, usually not exceeding $ 5000, although they may also have other judicial functions. This amount varies and in Canada, one can make claims of up to $ 25 000. There are quite a number of ways in which the small claims court Toronto can help you, especially if you make use of paralegals. A paralegal, though not trained as a lawyer, is someone who is trained in law and knows how the judicial system works. They are trained to help lawyers in their legal work.

When you travel to the Ontario area, paralegals are licensed to give you limited legal services. So when it comes time to settle a claim in a small claims court you can use a paralegal. Since they are able to appear in court with you it saves tons of money you would normally spend on an expensive lawyer. Here are some other benefits that come from hiring a paralegal.

Best of all when you are actually in a small claims courts the paralegal will make the claim on your behalf. This eliminates tons of guess work and countless hours you would spend researching the issue at hand.

Whether it’s helping with the paperwork and getting all the forms filled out, a paralegal will ensure that everything is done correctly.

Then of course your strategy is going to be important as well. So don’t be surprised when your paralegal comes back time and time again with research they found to help your case.

If by chance you’re confused about some of the information or vocabulary, a paralegal provides the necessary help to make you feel more comfortable about the situation.

A paralegal will ensure that the conflict between the differing parties is understood. Anything that needs to be dealt with is dealt with in good time.

It’s possible you will need witnesses and/or evidence before you go to small claims court. Paralegals will gather everything from receipts, invoices, bills of sale, or anything else they deem important.

When you hire a paralegal they will also take care of the financial aspect. So when it comes time to walk away from it all they will figure out the best deal for you.

Since they are focused on getting a resolution to your dispute, they are thorough in their work and highly effective. They will push time lines to a convenient date if either of the parties will not be available on the day of the hearing.

What it comes down to is you want to get professionalism when you hire a paralegal. They can give you plenty of it in a small claims court and plan everything out accordingly. Once it is all in place they will even be able to give you a glimpse of what to expect regarding the settlement and outcome.

Before you hire a paralegal, make sure you check Melissa Weber website, she can help you in the Small Claims Court Toronto she specializes in the GTA area


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Going To Small Claims Court In Toronto

Friday, August 6th, 2010

Small claims courts, also known as county courts or magistrate courts depending on the jurisdiction in which they are located, have the standard function of trying civil cases between private litigants regarding matters of money that are not large in value. This type of court can incorporate other functions and in Toronto, this is no different. It should be noted that small claims courts operate separately from superior courts.

If you go to small claims court to present a case, the monetary value of the case cannot be more than $25,000. Some examples of small claims court cases may include tenant and landlord disputes, wages owed by an employer and not paid, or compensation not rendered for services, like plumbing, electrical work, and so on; some clients for example, may refuse to pay for services rendered if they feel the service has been poor.

Before you can file a claim in small claims court, you have to have attempted to settle things yourself before hand, and you have to have proof of this. If you don’t, the court will penalize you. Try to negotiate an amicable solution with the party in question first. If you try for a month and fail, you’ve met this legal requirement; in that case, write down everything you know about your case, and then get a lawyer. Your lawyer will then present this information to the court. You also have to warn the other party that you will be going to court to resolve this.

There are some things you need to bring with you to present your case before small claims court. First, prepare two copies of your claim, one for yourself and then one for the court. You’ll also need to pay a court fee to file a claim. This claim form is served to the defendant. You can do this yourself if you wish once the court has stamped the document. There’s other documentation as well that’s involved in the small claims process.

Once the court has decided it’s going to hear your case, you’ll be notified of a final hearing, and the data will happen. Two weeks before the final hearing, send any copies of documents you’ll be presenting during your case to the court. Again, if you don’t send these documents, your case is going to be postponed and you’ll incur penalties as well. One of the things that may happen is that you may have to pay the cost of the suit in their entirety. Your lawyer will be able to help you navigate your way through this process, and tell you what happens next. The court will set a hearing date, and if you can’t attend the hearing, you’ll need to send this notification to them in writing and state your reasons as to why you can’t attend.

Trying to wend your way through small claims court by yourself can be very frustrating if you don’t have proper legal help. The final decision on the case IS final and isn’t subject to appeal unless something has been found not to be proper in the way proceedings were handled, or if the court did not follow law as it applied to the claim. A competent lawyer will be able to help you navigate through this difficult and sometimes confusing series of events. If the defendant does not comply, and doesn’t act in accordance with the court’s decision, this may also end up wasting your time and you have to continue proceedings in a higher court. In addition, you will not collect on any monies owed you that were the focus of your original claim. It’s very important, therefore, that you get proper legal representation so that you don’t have these problems.

Before you hire a lawyer, make sure you check Melissa Weber website, she is aSmall claims court that specializes in the GTA area

categories: small claims court,common law,Canada law,Canadian,law,legal,claims,small claims,paralegal,business,lawyers


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Paralegal In Mississauga Canada.

Tuesday, August 3rd, 2010

Paralegals in Canada have a lot more benefits and freedom as opposed to those in the United States. There are several restrictions in the US that do not pertain to a Paralegal Mississauga. In fact, those who are in Ontario, Canada can practice law and offer legal advice. Keep in mind there are still limitations.

You will find that legal advice and court appearances in the family law area are still prevalent amongst attorneys. Paralegals Mississauga on the other hand are still able to provide the same professional standards after they have passed the bar exam. Keep in mind there is a matter of experience that has to be practiced by paralegals in Canada.

A Paralegal in Mississauga is required to have a degree from an accredited college so they can be qualified to practice law. Although they are limited in a small number of areas they are also free to appear in court on behalf of traffic infractions, if they are not permitted to work in a certain area they will still assists an attorney in that area of law.

Paralegal Mississauga is considered to be part of the Canadian court of law. Their education gives them the qualifications to help in juris matters that involve minor matters. They are also required to attend CLE (Continuing Learning Education) classes so they will stay current with the educational requirements set forth by The Law Society of Upper Canada.

Just like a attorneys are governed, Paralegals Mississauga are as well. So they must provide a high standard of professionalism and learning to practice law, even if along side attorneys.

Since Paralegals in Canada are allowed to practice law in some areas there has been a significant increase in people obtaining degrees. The job market has opened up for Paralegal Mississauga since 2007 and allowed colleges and universities to offer Paralegal programs that would educate and equip those who want to return to school for a post-secondary degree or a chance to change career paths.

It is illegal for a Paralegal to practice law in an area that is reserved for attorneys. Since the independency of a Paralegal they can move to certain areas of law where an attorney would normally specialize. It gives Paralegals more freedom to move around within the legal arena and seek opportunity.

A Paralegal Mississauga can also become a notary public. Whenever a witness is needed for signing documents you can hire them if they charge. Plus a notary public has a broader range of benefits in Canada than they do in the United States. Sometimes you will see a Paralegal Mississauga act as a Justice of the Peace if they have the proper training.

Before you hire a paralegal, make sure you check Melissa Weber website, she can help you in the Small Claims Court Toronto she specializes in the GTA area

categories: small claims court,common law,Canada law,Canadian law,legal,claims,small claims,paralegal,business,lawyers


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Paralegal Toronto

Friday, July 16th, 2010

Toronto has many different types of legal representation. Most people initially think of an attorney when they need to settle matters of family estates or inheritances, business concerns, bankruptcy claims, real estate matters or even tax problems. However, that’s not always necessary, you can often hire a paralegal in Toronto to handle those same matters.

A lawyer is the only one qualified to handle specific types of cases. Paralegals often help the lawyers prepare these cases. Paralegals can’t offer specific legal advice, they often just do the routine paperwork. If you need legal advice, you may require the services of an attorney.

That shouldn’t stop you from considering a paralegal in many cases. Paralegals have specialized training to handle many of the jobs that attorneys do. They prepare documents and perform many other legal tasks including researching legal cases.

The paralegal knows how the legal system works. They received education to assist in legal issues. In order to become a paralegal, they have to take additional training and receive a certification from the program. If they opt for a two-year program of paralegal studies, then they normally can handle easier, less complicated cases than an attorney can, but more involved cases than the person that only had the certification program.

A paralegal is able to prepare all the necessary forms and documents for your legal affairs. So why opt for a lawyer when a skilled paralegal can offer the same service and can to provide more time and attention to your affairs? After all, when you hire a lawyer, he will surely pass the bulk of the work to his assistant who is basically a paralegal.

If you have to go into court for litigation, then you need an attorney. These cases are often more complicated. Smaller less complicated cases often can use the services of a paralegal. Check with paralegal services before you hire an attorney to see if they offer the legal services you require for your case.

When you secure the services of a paralegal, you need to follow certain guidelines to insure you’ve chosen the right person. Ask them for their work history or track record. If you find the paralegal spent several years working for a large legal firm, they are often better qualified because of on the job training with top attorneys. You also need to check their certification and schooling.

Lastly, do a preliminary interview so you know that the paralegal truly understands your legal affairs. If you can’t come into an understanding, then by all means look for another one. Toronto is a big place to look for a paralegal, it is certain that you will find one that is right for the position.

Before you hire a lawyer, make sure you check Melissa Weber website, she is aparalegal toronto that specializes in the GTA area

categories: small claims court,common law,Canada law,Canadian law,legal,claims,small claims,paralegal,business,lawyers


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Why Everybody Is Doing This 5 Deadly Mistakes At The Small Claim Court?

Tuesday, June 1st, 2010

5. Self represented parties sue the wrong person or entity! This is a common and fatal error that self-represented parties make time and time again. When you sue a person or a business, it is of the utmost importance that you sue the correct legal entity. For example, if you sue your neighbor whom you know as “Joe Smith”, you must be sure that “Joe Smith” is his full legal name. Otherwise, you may later come to find out that his legal name is in fact Joseph Smith or Joe Thomas Smith”. If you did not use the correct legal name in the lawsuit, it will be impossible to try to enforce your judgment against him. Alternatively, you may want to sue your florist who you know as “Flowers R Us”. However, the correct legal entity behind Flowers R Us is in fact 123456 Ontario Inc. If you sue “Flowers R Us” instead of “123456 Ontario Inc.”, you will likely not be able to enforce a judgment against them. A licensed paralegal will automatically perform all necessary searches to determine the correct legal name of the person or business that you are suing!

4. Self represented parties always include too much information or not enough information in their claim or defence! This comes with a lack of understanding for what the court needs to see in your legal documents, and what they do not need to see (or do not want to see). Most self-represented parties often include far too much detail in their narrative. We often see a four or five page description of the events surrounding a case, which is not only far too much information, but can be extremely frustrating for the judge (who we try not to irritate, especially at the outset of the case). On the other hand, self-represented parties also leave out pertinent details of the narrative. For example, when suing for a breach of contract, a self-represented party often goes in to great detail about how much they have paid to the other party and when they made each payment, however; they often leave out the most important detail of all – that being, the original agreed upon amount of the contract. A licensed paralegal will have the knowledge and skill set to narrow down the issues and present your case clearly and effectively to the judge. Part of our strategy is to draft effective pleadings to convince the judge of why you should win your case, even before appearing in a courtroom!

3. Self represented parties do not know the law! Knowing the law and how to apply it to various situations is different from knowing when a cause of action arises. People generally know when a wrong has been committed against them for which they can seek remedy through the courts. However, knowing the law and which legal arguments apply to a situation is an entirely different matter all together. There are often times when you cannot ask the court for certain legal remedies or rely on certain defences if you have not included them in your initial claim or defence. This can result in unfavorable judgments or orders against you. A licensed paralegal will know how to argue your case in a legal context and which arguments to notify the other parties of in advance of the hearing so as to not deprive you of any of the rights and remedies that are available to you!

2. A self represented does not know the Rules of the Small Claims Court. The Small Claims Court is governed by, among other things, the Rules of the Small Claims Court. The Rules are quite lengthy and govern all aspects of a proceeding including forms, service, evidence, timelines, fees etc. A self-represented party will often find themselves overwhelmed by the rules of a proceeding, let alone the actual case itself. For example, the rules pertaining to evidence require all parties to exchange documents thirty days before trial, otherwise it may not be admissible in court. Many self-represented parties serve their evidence on the opposing party after the 30 day deadline, or sometimes they show up with the evidence at trial without having served it on the opposing party at all. Situations like this can be devastating to your case. The judge may not allow you to rely on evidence that has not been served properly, which may be fatal to you. The judge may also adjourn the trial to a new date in order to give the opposing party time to review the new evidence. This can cause a great deal of delay in a case and can frustrate the proceeding. A licensed paralegal will be fluent in the Rules of the Small Claims Court and will be in a much better position to move your matter forward in accordance with those rules. You will not experience the same amount of delay and overwhelming sense of confusion as you would if you were to be self-represented; your paralegal will explain each step to you and will take on the responsibility of complying with the rules, so you wont have to!

1. A Self-Represented Party is SELF-REPRESENTED. After reading everything above, it’s probably no surprise that this is the #1 problem. When you don’t understand all the laws or how to work your way around a courtroom, the end result is almost always a negative one. There are several different twists and turns that you have to think about before you even begin your defense. What it comes down to is you can’t show up to court and believe that telling the truth is going to be enough. While honesty is important, it’s definitely not enough. However, you can represent yourself in any court; not just the small claims court. Most people try to represent themselves in this setting because they think it’s the easiest place to win. Did you consider that the laws out there can protect the other party as well? What if they have a licensed paralegal in their corner? This could definitely spell trouble if you’re only representing yourself. We’ve seen several people come through our doors over the years who failed miserably at representing themselves. Often times it’s because they don’t have the money to hire a paralegal. This is understandable, but it’s well worth investing in one because over the long haul they could save you thousands upon thousands of dollars if you win the case. It’s a small price to pay in the beginning for seeing the light at the end of the tunnel.

Before you hire a lawyer, make sure you check Melissa Weber website, she is aparalegal toronto that specializes in the GTA area


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