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How to Prepare for Your First Meeting With a Paralegal

Mon, 13 Apr 2026 20:00:03 GMT

Meeting with a paralegal for the first time can feel intimidating, especially if you’re dealing with a legal issue that’s already stressful. Knowing how to prepare can help you get the most value out of your consultation.

Here’s how to make your first meeting productive and efficient.

1. Bring All Relevant Documents

Even if you’re unsure what’s important, it’s better to bring too much than too little. Helpful documents may include:

Contracts or agreements
Invoices or receipts
Court documents or notices
Emails, letters, or text messages related to the dispute

Having these documents allows the paralegal to assess your matter accurately and advise

accordingly.

2. Be Prepared to Explain the Timeline

Legal matters are often about when things happened. Try to clearly explain:

When the issue started
Key dates or deadlines
Any steps already taken

A simple timeline can help your paralegal quickly understand the context of your case.

3. Be Honest and Thorough

Paralegals are regulated professionals bound by confidentiality. It’s important to be upfront even about facts you think may hurt your case. Surprises later in the process are far more damaging than early transparency.

4. Understand the Scope of Practice

Ontario paralegals can assist in specific areas of law, such as Small Claims Court, Tribunals and Provincial Offences matters. During your meeting, the paralegal will assess whether your issue falls within their authorized scope.

If it does not, you should expect to be referred to a lawyer. This is a sign of professionalism, not a lack of ability or desire to help.

5. Ask Questions About Process and Fees

Your first meeting is an opportunity to understand:

What steps are involved
Likely timelines
Fee structures and retainers

Clear communication about fees and expectations helps avoid misunderstandings later.

6. Be Clear About Your Goals

Do you want to settle quickly? Are you focused on minimizing cost? Are you prepared to go to trial if necessary?

Sharing your goals allows the paralegal to tailor their advice and determine whether they are the right fit for your matter.

Final Thoughts:

Preparing for your first meeting with a paralegal sets the tone for the entire file. When clients come prepared, it allows the paralegal to focus on strategy, compliance, and effective advocacy.

The right preparation leads to better outcomes—and a smoother legal experience overall.

My Tenant Got a Dog — But the Lease Says “No Pets.” Now What?

Mon, 16 Mar 2026 22:03:25 GMT

What Ontario Landlords Need to Know :

Few issues cause more frustration for landlords than discovering that a tenant has brought a pet into the rental unit when the lease clearly says no pets allowed. While many landlords assume the lease clause automatically gives them the right to demand removal of the animal or terminate the tenancy, Ontario law often says otherwise .

Here’s what landlords can — and cannot — do when a tenant gets a dog despite a no-pet clause in the lease.

No-Pet Clauses Are Generally Void in Ontario.

Under section 14 of the Residential Tenancies Act (RTA) , any provision in a tenancy agreement that prohibits the presence of pets is void .

This means that, in most residential tenancies:

A tenant is legally allowed to have a pet
A landlord cannot evict solely because the tenant gets a dog
A “no pets” clause in the lease is generally unenforceable

Even if the tenant signed the lease agreeing to the clause, the RTA overrides it.

Important Exceptions: When Pets Can Be Restricted.

Although no-pet clauses are usually void, there are important exceptions where landlords may still take action.

1. Condominium Rules Prohibiting Pets

If the rental unit is part of a condominium corporation that has valid rules or bylaws prohibiting pets or restricting certain animals, those rules do apply .

In these cases:

The landlord must comply with condominium rules
A tenant can be required to remove the dog
Enforcement is possible through the Landlord and Tenant Board (LTB)

The key issue is whether the condo corporation’s rules legitimately prohibit pets, not simply what the lease says.

2. The Dog Is Causing Substantial Interference

Even though pets are allowed, tenants are still responsible for ensuring their dog does not interfere with others .

A landlord may take action if the dog:

Causes excessive noise (persistent barking)
Is aggressive or dangerous
Interferes with the reasonable enjoyment of other tenants
Creates health or safety concerns

In these situations, a landlord may serve an N5 Notice for interference, damage, or safety

concerns. Importantly, the issue is the behaviour and impact of the dog — not the mere fact

that the tenant owns one.

3. Property Damage Caused by the Dog

If a dog causes undue damage to the rental unit or common areas, the landlord may take

enforcement steps.

Options may include:

Requiring the tenant to repair the damage
Serving an N5 Notice if damage continues or is not addressed
Seeking compensation through the LTB

Normal wear and tear is not enough — the damage must be more than ordinary use.

4. Allergies or Safety Issues in Multi-Unit Buildings

In limited circumstances, serious allergies or safety concerns affecting other occupants may

justify action, particularly in shared spaces.

Each case is highly fact-specific , and landlords must be prepared to show evidence of a real and substantial issue.

What Landlords Should Not Do:

Landlords should avoid:

Demanding the dog be removed solely due to a no-pet clause
Changing locks or harassing the tenant
Threatening eviction without proper legal grounds
Charging additional “pet deposits” (not permitted in Ontario)

Taking improper action can expose landlords to tenant applications and potential penalties at the LTB.

Practical Steps for Landlords:

If a tenant gets a dog, consider the following steps:

Confirm whether the unit is subject to condominium rules
Document any issues (noise complaints, damage, safety concerns)
Communicate concerns in writing
Seek legal advice
Serve the appropriate notice only if legal grounds exist

Final Thoughts:

In Ontario, the law strongly favors tenants when it comes to pets. While this can be frustrating for landlords, enforcement is still possible when a dog causes real problems or violates condominium rules. The key is understanding what the RTA allows — and what it does not.

Knowing the difference can save landlords time, money, and costly mistakes.

Small Claims Court in Ontario: What to Expect From Start to Finish

Mon, 16 Feb 2026 22:02:33 GMT

For many Ontarians, Small Claims Court is the first (and sometimes only) interaction they will

have with the legal system. While it is designed to be more accessible and less formal than other courts, the process can still feel overwhelming if you don’t know what to expect.

Here’s a practical overview of how Small Claims Court works in Ontario and where a licensed paralegal can assist.

What Is Small Claims Court?

Small Claims Court is a branch of the Ontario Superior Court of Justice that deals with civil

disputes involving monetary claims of up to $50,000. Common cases include unpaid invoices,

breach of contract, property damage, and return of property.

Step 1: Starting the Claim

The process begins when the Plaintiff files a Plaintiff’s Claim. This document sets out:

Who the parties are
What the dispute is about
The amount being claimed

It is vital that the Claim contains all legal arguments that the Plaintiff intends to rely upon for

their case.

Once issued by the court, the claim must be properly served on the Defendant. Errors at this

stage—such as improper service or unclear claims—can cause delays or even dismissal.

Step 2: Defence and Possible Counterclaim

After being served, the Defendant has a limited time (20 calendar days) to respond by filing a

Defence. They may deny the claim entirely, admit part of it, or even file a counterclaim.

Missed deadlines at this stage can result in default judgment, which is why understanding timelines is critical.

Step 3: Settlement Conference

When a Claim is defended, Small Claims Court matters proceed to a mandatory Settlement

Conference. This is an informal meeting with a judge or mediator (often times referred to as a

referee) designed to:

Clarify the issues
Encourage settlement
Narrow what would need to be decided at trial

Settlement Conferences are often where cases resolve. Preparation is key, and parties are

expected to understand their positions and supporting documents. There are also documents that need to be served and filed before the Settlement Conference.

Step 4: Trial (If Necessary)

If the matter does not settle, it will proceed to trial. At trial, parties present evidence, examine

witnesses, and make submissions to the judge.

Even though Small Claims Court is less formal, the rules of evidence and procedure still apply. Being unprepared or not having a clear understanding of how to present a case can significantly impact the outcome.

Step 5: Judgment and Enforcement

If the judge rules in your favour, you may receive a monetary judgment. However, winning does not automatically mean getting paid. Enforcement steps—such as garnishment or writ—may be required.

How a Paralegal Can Help:

Licensed paralegals in Ontario are authorized to represent clients in Small Claims Court. A paralegal can assist with:

Drafting and filing court documents
Ensuring proper service
Preparing for Settlement Conferences and trials
Representing you in court
Advising on and assisting with enforcement options

Understanding the process before you begin can save time, money, and stress.

Bill 60 and the Residential Tenancies Act: What’s Changing in Ontario’s Rental Law

Tue, 13 Jan 2026 21:17:49 GMT

Ontario’s government recently passed Bill 60 — the Fighting Delays, Building Faster Act,

2025 , which introduces major amendments to the Residential Tenancies Act, 2006 (RTA) as

part of a broader push to increase housing supply and reform how disputes are handled at the Landlord and Tenant Board (LTB). These changes are already reshaping how landlords and tenants interact under the law — and they’ve sparked intense debate across the province.

What does Bill 60 actually do to the RTA?

Here’s a clear breakdown of the most important changes that affect both tenants and landlords:

1. Standardized Notice Forms

Under Bill 60, all eviction or termination notices must use a form approved by the LTB or

prescribed by regulation . This replaces the previous situation where imperfect or improvised

notices could create complications.

Why it matters:

More standardized forms should reduce paperwork errors, but also remove the flexibility that some landlords and tenants previously relied on.

2. Faster Evictions for Non-Payment of Rent

One of the most talked-about changes: landlords can now issue eviction notices for non-payment of rent with just 7 days’ notice instead of the previous 14-day period.

Impact:

Landlords can apply to the LTB sooner.
Tenants have less time to make up missed rent before eviction proceedings begin.

3. Limits on Tenant Defenses at Non-Payment Hearings

Bill 60 restricts how tenants can defend themselves in non-payment eviction hearings:

Tenants must now pay at least 50 % of the rent arrears before they can raise issues like maintenance problems or harassment at the hearing.

Why this matters:

This is a dramatic shift — previously, tenants could raise issues at the hearing without paying up front, even if those issues were unrelated to rent arrears.

4. Changes to “Landlord’s Own Use” Evictions (Form N12)

Previously, if a landlord evicted a tenant for personal use (for themselves or an immediate family member), they had to give 60 days’ notice plus one month’s rent as compensation .

Now:

Landlords who give at least 120 days’ notice and end the tenancy at the end of a fixed term or rental period no longer need to pay that one-month compensation .

Effect:

This removes a financial cushion for tenants who must move, often a critical support when relocating, but provides tenants with additional time to move.

5. Shortened Time to Request a Review of LTB Decisions

The window to ask for a review or appeal of an LTB eviction order has been cut from 30 days to 15 days .

Impact:

This change pressures both landlords and tenants to act faster if they want to challenge a decision.

6. New Regulatory Powers and Discretion Limits

Bill 60 gives the government authority to:

Define what counts as “persistent late payment”.
Set regulatory limits on the LTB’s ability to delay eviction enforcement.

This could narrow the Board’s discretion to postpone evictions based on personal circumstances.

What Supporters Say:

Proponents — including landlord groups and some policymakers — argue the changes:

Speed up slow eviction processes that have burdened landlords for months.
Make the LTB more predictable and efficient by cutting delays and reducing procedural stalling.
Encourage investment in rental housing by reducing the regulatory uncertainty landlords face.

What Critics Are Warning:

Tenant rights advocates and many housing organizations push back hard, arguing the reforms:

Erode long-standing tenant protections , including fair hearing opportunities and eviction safeguards.
Increase the risk of eviction and displacement , particularly for low-income renters and vulnerable populations.
Limit access to justice by making it harder to appeal and defend against eviction notices.

Many grassroots groups call the bill an attack on tenant rights that could worsen homelessness and housing insecurity.

What This Means for You:

For Tenants:

Less time to cure missed rent before eviction.
The need to pay a portion of rent arrears in order to defend at LTB hearings.
No compensation when evicted for personal use of the Landlord. However, more time to move out is provided instead.

For Landlords:

Faster paths to eviction for non-payment.
More predictable procedures.
Fewer delays from last-minute hearing defenses.

Final Thoughts:

Bill 60’s changes to the Residential Tenancies Act are significant and polarizing. They reflect a

broader governmental push for efficiency and housing supply , but also a shift in the balance of power between landlords and tenants in Ontario. As these reforms take effect and regulations are developed, both landlords and tenants will need to adapt and understand their new rights and responsibilities under the law.

If you’re directly affected — especially landlords navigating LTB filings or tenants facing

eviction — it’s wise to consult a paralegal to understand how the changes apply to your situation. The paralegals at De Palma & Associates are up to speed on these changes and ready to assist clients under these new rules.

What 2025 Taught Me About Being a Paralegal Firm Owner

Tue, 23 Dec 2025 21:29:26 GMT

2025 was full of lessons learned - it was a year of growth, challenge, recalibration, and clarity—often all at the same time. Owning a paralegal firm isn’t just about knowing the law or advocating for clients. This year reminded me that it’s about leadership, boundaries, resilience, and purpose.

Here are a few lessons 2025 made sure I didn’t miss.

1. You can’t do everything—and you shouldn’t try.
Early on, I believed being a good firm owner meant being involved in every detail. 2025 taught me that sustainability comes from systems, trust, and delegation. A strong firm is built when you empower others and allow yourself to step back from constant firefighting.

2. Boundaries protect both you and your clients.
Saying “yes” to everything isn’t good service—it’s a fast track to burnout. This year reinforced the importance of clear scope, realistic timelines, and firm boundaries. When expectations are managed properly, everyone is better served.

3. Not every file is your file.
This was a hard one. Wanting to help is part of why many of us choose this profession, but 2025 taught me that discernment matters. The right clients align with your values, your expertise, and your capacity. We serve our clients best when we stay within our zone of excellence. Saying no to a file means we can refer that client to someone better suited for their specific issue.

4. Compliance and professionalism are non-negotiable.
As paralegals, we operate in a highly regulated space—and for good reason. This year reinforced that ethical practice, proper advertising, and respect for scope aren’t obstacles to success; they’re the foundation of it. Credibility is built slowly and lost quickly.

5. Leadership means making uncomfortable decisions.
Whether it’s staffing, pricing, or firm direction, 2025 showed me that leadership is about accountability. Sometimes growth requires tough calls, honest conversations, and trusting your judgment even when it’s uncomfortable.

6. You’re allowed to evolve.
What worked in previous years didn’t always work in 2025—and that’s okay. This year reminded me that growth means reassessing, refining, and sometimes letting go. A firm should evolve just as much as the person leading it.

7. Success isn’t just revenue—it’s sustainability.
Wins in 2025 looked different. They weren’t always loud or public. Sometimes success was a well-managed file, a protected evening, a happy client, or a clearer sense of direction. Longevity matters more than hustle.

As 2025 comes to a close, I’m leaving it with more confidence, more clarity, and a deeper respect for what it truly means to own a paralegal firm. The lessons weren’t always easy—but they were necessary.

Here’s to building practices that are ethical, sustainable, and human. If you’re looking for a firm that values transparency and ethical advocacy, let’s connect in the new year.

Can I Amend My Small Claims Case From $35,000 to $50,000 After October 1?

Mon, 29 Sep 2025 21:20:39 GMT

A major change is coming to Ontario’s Small Claims Court on October 1, 2025.

A major change is coming to Ontario’s Small Claims Court on October 1, 2025 . The monetary limit will increase from $35,000 to $50,000 , opening the door for more people to resolve legal disputes through a faster and more affordable process.

But what if you already filed a claim at the current $35,000 limit? Can you bump it up?

Let’s take a look.

Yes, You Can Increase the Amount — If You Follow the Right Process.

If you’ve already started a case in Small Claims Court, it may be possible to amend your claim to seek up to $50,000 after the new limit takes effect. But this is not automatic. You must provide proper documentation showing that your case genuinely supports the higher amount. This might include unpaid invoices, contracts, repair bills, or other evidence of damages.

What’s the Process for Amending a Claim?

It depends on how close you are to your trial:

If your trial is more than 30 days away, you can usually file and serve an amended claim without asking for court permission.
If your trial is within 30 days, you will need to ask the court for leave to amend. That means showing that the change is reasonable and won’t cause unfairness to the other side.

Even with the increased dollar limit, the Small Claims Court still only handles claims for money or the return of personal property. It doesn’t deal with issues like injunctions or declarations.

Example: When an Amendment Makes Sense

Say you filed a $35,000 claim back in July 2025 over an unpaid construction contract. In early October, you realize that some overlooked invoices bring the total closer to $45,000.

If your trial is not scheduled until December, you may be able to increase the claim amount without court permission. But if your trial is scheduled for early October, you’ll need to ask the court to approve the change.

Why This Matters

Small Claims Court is designed to be efficient and cost-effective. With simpler rules and lower legal fees, it’s a great option for individuals and small businesses with straightforward legal disputes.

This change makes that option available for higher-value cases, but only if you take the proper steps. If you think your claim could or should be increased, now is the time to talk to a licensed paralegal.

Have Questions About the New $50,000 Limit?

If you're wondering whether the Small Claims Court limit increase affects your existing or potential claim, we're happy to provide guidance. Whether you're just getting started or considering next steps, we can help you understand your options under the new rules.

Reach out to De Palma Paralegal for general information or to schedule a consultation. We’ll let you know if and how we can assist, or point you in the right direction.

(705) 429-2401
info@depalmaparalegal.ca
depalmaparalegal.ca/contact

Upcoming Changes to Small Claims Court in Ontario: What You Need to Know

Mon, 05 May 2025 18:55:27 GMT

Ontario Regulation 42/25 introduces significant updates to the Small Claims Court jurisdiction, set to take effect on October 1, 2025.

Ontario Regulation 42/25 introduces significant updates to the Small Claims Court jurisdiction, set to take effect on October 1, 2025. This regulation aims to streamline processes and enhance access to justice for individuals and businesses involved in civil disputes.

Key Highlights

Effective Date : The regulation will come into force on October 1, 2025, or the day it is filed, whichever is later.

Jurisdictional Updates : While the specific changes to the monetary limits or case types under the Small Claims Court jurisdiction are detailed in the regulation, the main aspect is a long-awaited increase to the Small Claims Court monetary limit from $35,000 to $50,000.

Why This Matters

These changes are part of Ontario’s ongoing efforts to make the legal system more accessible and efficient. By updating the Small Claims Court jurisdiction, the province aims to reduce backlogs, expedite dispute resolution, and provide a more user-friendly experience for court users. This increase will also help bridge the gap between Small Claims Court and Superior Court.

If you’re involved in or anticipate any small claims proceedings, it’s crucial to familiarize yourself with these updates to ensure you’re prepared for the new legal landscape. Book your consultation with De Palma & Associates today at 705-429-2401 or online at https://www.depalmaparalegal.ca/

#OntarioLaw #SmallClaimsCourt #LegalUpdates #AccessToJustice

What 2024 Has Taught Me About Being a Paralegal Firm Owner

Thu, 05 Dec 2024 17:45:31 GMT

As 2024 draws to a close, I find myself reflecting on the lessons this year has brought. Being a paralegal firm owner is a journey of constant learning, growth, and adaptation. Each year presents its own challenges and opportunities, but 2024 has been especially instructive. Here are the key lessons this year has taught me:

1. Adaptability Is a Superpower

The legal landscape is ever-evolving. From new regulations to shifts in client needs, staying flexible and open to change has been critical. This year, I learned that embracing innovation—whether through technology, new processes, or fresh perspectives—has allowed my firm to better serve clients and stay ahead of the curve.

2. Roll With the Unexpected

2024 brought the unexpected departure of 3 employees in a 4 month period for various reasons. As a firm owner this was daunting and quite honestly left me in a state of fear. However, upon self-reflection and discussion with my team we ultimately decided those departures gave us the opportunity to restructure in a way that helped us better position the firm for growth. We weathered the storm as a team and have since brought on three new staff members with the plan for more in 2025.

3. Client-Centric Strategies Are Non-Negotiable

Clients are at the heart of everything we do. This year, I focused on actively listening to their concerns, streamlining communication, and tailoring services to meet their unique needs. This is where the idea for our new client experience app came from this year. The payoff? Increased client satisfaction and trust. In a world where competition is fierce, building genuine relationships remains a cornerstone of success.

4. Resilience Requires Balance

The demands of running a paralegal firm can be overwhelming, but 2024 reminded me of the importance of balance. Prioritizing self-care, delegating effectively, and setting boundaries have made me a better leader. Burnout doesn’t just impact me—it affects my team and my clients. Resilience comes from knowing when to push forward and when to pause. The past four years have not been easy as a business owner in any industry between navigating a global pandemic, adapting to new realities post pandemic and facing the reality of higher costs and inflation. With all of that in mind it is easy to get lost in the shuffle. 2024 has taught me to take a moment or two to pause and enjoy life and all that it brings with it. For that, I am tremendously grateful.

5. Technology Is a Game-Changer

From AI tools that streamline legal research to platforms that improve client onboarding, technology has transformed how we operate. This year taught me that being an early adopter isn’t just a competitive advantage—it’s essential for efficiency and growth. The key is choosing solutions that align with the firm’s goals and values.

6. Community Matters

The legal profession doesn’t exist in a vacuum. Engaging with the local community, industry peers, and professional organizations has enriched my practice in ways I didn’t anticipate. Giving back and sharing knowledge has been both rewarding and inspiring.

Looking Ahead

As I prepare for 2025, I carry these lessons forward with gratitude and determination. Owning a paralegal firm is more than a career—it’s a responsibility and an opportunity to make a meaningful impact. 2024 has reaffirmed that growth isn’t always about bigger—it’s about better.

To my colleagues, clients, and team: thank you for being part of this journey. Here’s to another year of learning, leading, and serving with purpose.

Embracing Innovation and Transparency

Wed, 06 Nov 2024 18:08:31 GMT

Insights from the 2024 Clio Cloud Conference in Austin, Texas

This year, De Palma & Associates had the distinct pleasure of attending the 2024 Clio Cloud Conference held in the vibrant city of Austin, Texas. This event is a critical gathering for legal professionals who are keen to explore the cutting edge of law practice technology and management. I'm excited to share some of the enlightening experiences and insights that my colleague, Nicole, and I gained from this transformative gathering.

The Rising Importance of AI in Legal Practices

One of the standout themes from the conference was the role of artificial intelligence (AI) in transforming law firms. AI is revolutionizing how we manage day-to-day operations and administrative tasks, not by replacing the nuanced work of legal professionals, but by streamlining workflows. This allows firms like ours to focus more on what truly matters: efficiently serving our clients with a personal touch. It's clear that embracing AI is crucial for staying competitive in our rapidly evolving industry.

The Shift Towards Flat Fees

Another significant insight was the growing preference among clients for flat fees over traditional hourly billing—a trend we've proudly been ahead of at De Palma & Associates. This model simplifies billing and enhances transparency, building trust between us and our clients by ensuring they feel informed and comfortable with the financial aspects of their legal services.

Investing in Marketing and Transparency

The conference also highlighted that firms investing more in marketing realize substantial returns in productivity and profitability. Firms spending 41% more on marketing earn 21% more in profitability, reinforcing our commitment to enhancing our outreach and engaging meaningfully with our community.

Additionally, we learned that potential clients prioritize clear information about costs and billing structures when visiting law firm websites. Yet, surprisingly, only a small percentage of websites provide this crucial information readily. At De Palma & Associates, we are committed to enhancing our online presence to include detailed, accessible information about our pricing and services.

Humanizing Our Digital Presence

A recurring theme was the importance of showing the human side of our legal team online. Clients seek not just professional expertise but also relatable and approachable representatives. Inspired by this insight, we aim to integrate more of our personal stories and values into our practice, helping clients feel connected to us even before the first consultation.

The 2024 Clio Cloud Conference in Austin was not just an opportunity to learn about emerging trends but also a moment to reflect on how these insights can be integrated into our practice for improved service delivery. At De Palma & Associates, we are excited to implement these innovations and improvements, ensuring we not only meet but exceed the expectations of those we serve.

Stay tuned for more updates as we continue to evolve and enhance our services. If you have any questions or need legal assistance, please don't hesitate to reach out or visit our website for more information.

Understanding Consultation Fees at De Palma & Associates

christina@depalmaparalegal.ca (Christina De Palma) — Tue, 22 Oct 2024 17:55:15 GMT

When you seek professional legal advice, it's important to understand not only the nature of the advice but also the value it offers. At De Palma & Associates, we implement a consultation fee policy to ensure that our clients receive dedicated, thorough, and professional service from the very first meeting. Here’s why we believe in the importance of consultation fees and how they benefit our clients.

Focused Advice

A consultation fee guarantees that you are receiving dedicated time and effort from a skilled paralegal. During our consultations, we focus entirely on your unique situation, offering tailored advice and strategic planning based on extensive experience. This dedicated session helps in understanding your case deeply and in crafting a preliminary plan of action. Without a consultation fee the consultation cannot be advisory in nature.

Valuing Professional Experience

Our consultation fees reflect the value of the professional experience provided. Paralegals at De Palma & Associates bring a wealth of knowledge and specialized training to each consultation. We stay abreast of the latest developments in Ontario law to provide informed, accurate advice. By charging a consultation fee, we ensure that the experience offered is recognized and valued, fostering a professional environment where both parties are committed to achieving the best possible outcomes.

Preparation and Resources

Before any consultation, significant preparation is required. We review any documents or information provided in advance, conduct preliminary research, and prepare to discuss various legal strategies. The consultation fee covers the time and resources invested in preparing to offer you the most informed and effective advice possible.

Transparency and Trust

At De Palma & Associates, we believe in transparency from the onset of our client relationships. By clearly explaining our fees, including what you can expect during the consultation, we establish a basis of trust and clarity. This transparency extends throughout our handling of your case, ensuring that there are no surprises regarding your legal support.

Crediting the Fee Towards Future Services

If you decide to retain our services immediately following the consultation, we credit the consultation fee towards your retainer. This approach makes the consultation not just a service, but an investment in your legal representation. It ensures that if you choose to proceed with us, your initial payment contributes directly to your ongoing case.

The consultation fee at De Palma & Associates is an integral part of how we deliver high-quality, dedicated legal services. It ensures that every client interaction is productive, professional, and valued, laying the foundation for effective legal representation.

Book your initial consultation with De Palma & Associates now at https://www.depalmaparalegal.ca/ or by calling 705-429-2401.

Understanding Dog Ownership Issues in Ontario

Fri, 11 Oct 2024 18:34:02 GMT

Compassionate Guidance from De Palma & Associates

At De Palma & Associates, we understand that pets are not just animals; they are cherished members of your family. This understanding is at the heart of how we approach dog ownership issues. In Ontario, the law regards pets as property, but we know that the emotional bonds you share with your pets transcend this legal definition.

Navigating Dog Ownership Disputes

When couples break up (outside a divorce), deciding who gets ownership of a beloved dog can be as heart-wrenching as any other family split. The legal focus typically lies on determining who legally owns the pet or who has been primarily responsible for its care. While the law does not consider the best interest of the pet like it does in child custody cases, at De Palma & Associates, we strive to handle your case with the sensitivity and thoroughness it deserves.

Factors Influencing Dog Custody

Determining who keeps the pet involves one main factor:

Ownership and Registration: Who purchased the dog and whose name is on the registration?

Secondary factors may be considered by the Court but do not override the ownership factor. Secondary factors may include:

Care and Responsibility: Who has been responsible for the dog's daily needs, including food, exercise, and vet visits? Who paid for these needs?
Attachment and Bonding : Who has the closest emotional ties to the dog?

These considerations play a crucial role in resolving pet ownership disputes. Documenting your interactions and responsibilities towards your pet can be crucial in these cases.

How We Can Help

If you are facing a dog ownership dispute, De Palma & Associates is here to help. We can guide you through the process of documenting your case, negotiating agreements, and, if necessary, representing your interests in court. Our approach is to handle your case not just with legal knowledge but with an understanding of the emotional stakes involved. Our team are all dog lovers and will treat your case with that same care and compassion.

If you’re going through a breakup of a relationship and are concerned about the custody of your dog, reach out to us at De Palma & Associates. Let us help you navigate this challenging time with compassion and dedication. Contact us today to schedule a consultation and take the first step toward securing ownership of your pet. Visit our website or call us directly at 705-429-2401 to find out how we can assist you in this sensitive matter.

Navigating Dog Bite Liability in Ontario

Thu, 03 Oct 2024 23:05:11 GMT

A Guide from De Palma & Associates

At De Palma & Associates, we frequently assist clients with various legal issues, including those involving dog bites. In Ontario, the framework governing these situations is the Dog Owners’ Liability Act (DOLA), which stipulates that dog owners are strictly liable for any injuries or damages caused by their dogs. This means that if a dog injures someone, the owner is automatically held responsible, irrespective of the dog’s prior behaviour or the owner's awareness of such potential for aggression.

Key Aspects of the Dog Owners’ Liability Act

Strict Liability

The law imposes strict liability on dog owners, making them financially responsible for any injuries or damages caused by their pets. This applies even if the dog has never shown signs of aggression before the incident.

Multiple Parties Liability

In some cases, responsibility may extend beyond the dog owner. For example, if a property owner knowingly allows a dangerous dog on their premises, they could also be held liable for any resulting injuries. This underscores the importance of all parties understanding and managing the risks associated with dogs.

Claims Process

Victims of dog bites can pursue claims for damages, which might include medical costs, lost wages, and compensation for pain and suffering. The process involves proving the ownership of the dog and documenting the incident and associated expenses comprehensively.

Preventative Measures

Dog owners are expected to take reasonable steps to prevent their pets from causing harm. This includes adhering to local leash laws, properly securing their property, and ensuring their dog is under control at all times.

Understanding these aspects is crucial for both potential claimants and dog owners. For anyone injured by a dog, it is important to seek immediate medical attention, document all aspects of the incident, and get legal advice promptly to ensure that your rights are protected and you pursue any compensation you may be entitled to effectively.

At De Palma & Associates, we specialize in guiding our clients through the complexities of such cases. Whether you are a dog owner seeking to mitigate potential liabilities or someone who has suffered an injury due to a dog bite, we can help clarify your legal position and options.

Our knowledgeable team is here to provide the guidance and representation you need to resolve your case effectively and efficiently. Visit our website or call us directly at 705-429-2401 to schedule a consultation and ensure your legal rights are comprehensively protected.

Understanding Small Claims Court in Ontario

Wed, 28 Aug 2024 18:15:23 GMT

Navigating the complexities of legal disputes involving the return of property can be daunting. At De Palma & Associates, we're committed to providing clarity and support to those considering the Small Claims Court route for claims up to $35,000. Here's what you need to know about using Small Claims Court in Ontario for the return of property.

Scope of Small Claims Court

Small Claims Court, a branch of the Ontario Superior Court of Justice, handles civil litigation claims where the value does not exceed $35,000, excluding interest and court fees. This makes it an accessible option for recovering personal property or seeking damages within this monetary limit.

Common Uses in Property Disputes

Many clients come to us with issues related to personal property that has been wrongfully retained or needs to be returned under the terms of a contract. The Small Claims Court efficiently handles such cases, allowing for a quicker resolution than might be possible in higher courts. Typical claims include:

Recovery of goods wrongfully possessed by another party.
Disputes over property damages caused by negligence or accidents.
Claims related to contractual agreements where property return is stipulated.

The Importance of Professional Guidance

While the Small Claims Court is designed to be more user-friendly and accessible than higher courts, navigating the legal system can still be challenging. Representation by a knowledgeable paralegal can significantly enhance your chances of a favourable outcome. At De Palma & Associates, we ensure that your claim is presented effectively, adhering to all procedural requirements and leveraging our deep understanding of the law to protect your interests.

Streamlined Procedures, Profound Outcomes

Despite its simplified procedures, the decisions in Small Claims Court are based on the same legal principles as those in higher courts. This ensures that all parties receive a fair hearing, based on substantive law. Understanding these principles and how they apply to your case is crucial, and that's where our extensive knowledge comes in.

Get Started with Confidence

If you believe you have a claim involving the return of property up to $35,000, or if you're facing a dispute that could head to Small Claims Court, don't hesitate to reach out. We at De Palma & Associates are here to guide you through the process, from initial consultation to courtroom representation.

Navigating Small Claims Court requires careful consideration and preparation. By understanding its scope and effectively utilising legal support, you can approach your property dispute with greater confidence and clarity. For more information on how De Palma & Associates can assist you in Small Claims Court, please visit our website or contact us directly for a consultation at 705-429-2401.

Introducing Our New Online Consultation Booking Service at De Palma & Associates

christina@depalmaparalegal.ca (Christina De Palma) — Thu, 18 Jul 2024 00:27:18 GMT

At De Palma & Associates, we understand that accessing legal services should be convenient and straightforward. That's why we're excited to introduce our new online consultation booking service, designed to provide you with ease of booking from the comfort of your home or office. This service allows you to book a one-on-one session with either Christina De Palma or Nicole Fazzari, our experienced paralegals, ensuring personalized and professional guidance tailored to your legal needs.

Benefits of Online Consultation Bookings

Online consultation bookings offer several advantages, making legal services more accessible than ever:

Convenience: Schedule your consultation at a time that suits you, without the need to call in to our office to book a consultation. This saves you time and allows for more flexible planning around your daily commitments.

Timely Support: Get timely advice when you need it most. Whether you're dealing with landlord-tenant disputes, navigating small claims, or seeking a record suspension, timely access to professional advice can be crucial. We typically have availability for next day consultations so that clients feel comfortable knowing their matter can be discussed as quickly as possible.

Privacy and Comfort: Your consultation will then be conducted over the phone so you can discuss sensitive legal issues in the privacy and comfort of your own space, which can make opening up about personal matters easier.

How It Works

Booking your consultation online is simple. Simply visit our website at www.depalmaparalegal.ca and click on “Book An Appointment”. You will then be taken to our online booking system where you will be asked a series of questions and gain access to our consultation availability calendar. Pick a date and time that works for you for your consultation and that’s it - simple, easy and straightforward.

Consultation Fee Details

The consultation fee is $125 plus tax. This fee is an investment in high-quality legal advice and will be credited toward your retainer fee should you decide to retain our services after your consultation. If you choose not to proceed, the fee will cover the comprehensive advice provided during your session. Please note, this fee is non-refundable.

Why Use a Paralegal for Your Legal Needs?

Paralegals are highly trained professionals authorized to offer legal advice and represent clients in various matters before certain courts and administrative bodies. By consulting with a paralegal, you benefit from specialized knowledge at a cost-effective rate, making legal services more accessible without compromising on expertise.

Our new online consultation booking service at De Palma & Associates represents our commitment to providing accessible, professional, and personalized legal services. Whether you need guidance on a specific legal issue or are seeking long-term legal representation, our team is here to ensure you receive the highest standard of legal support.

Ready to get started? Book your online consultation today and take the first step towards resolving your legal matters with confidence.

The Path to a Fresh Start: Understanding Record Suspensions in Canada

Tue, 11 Jun 2024 17:21:55 GMT

A criminal record can be a significant barrier in a person's life, affecting everything from employment opportunities to aspects of their personal life and even volunteer work. In Canada, a record suspension, formerly known as a criminal pardon, represents a chance to wipe the slate clean, removing the stigma and limitations associated with past convictions. This blog explores why someone might seek a record suspension and the importance of using a paralegal like De Palma & Associates in this complex legal process.

Why Seek a Record Suspension?

A record suspension allows individuals who have completed their sentence and demonstrated law-abiding behaviour for a prescribed period to have their criminal record kept separate and apart from other criminal records. This suspension does not erase a criminal record but makes it inaccessible through the Canadian Police Information Centre (CPIC) under most circumstances. The primary benefits include:

Employment : Many employers conduct criminal background checks. A record suspension can remove barriers to various job opportunities, allowing individuals to advance their careers without the shadow of past convictions.

Child Custody and Adoption : Having a criminal record can impact a case for child custody and can prevent someone from proceeding with the adoption of a child.

Personal Growth and Rehabilitation : Obtaining a record suspension is seen as a final step in the rehabilitation process, offering an individual a second chance at a stigma-free life. It acknowledges that an individual has made positive changes and should not continuously be judged by their past mistakes.

The Role of a Paralegal in Obtaining a Record Suspension

Applying for a record suspension is a detailed and document-intensive process that involves obtaining court and police records, fingerprinting services, and careful preparation of the application itself. The criteria and documentation required by the Parole Board of Canada are specific and stringent:

Eligibility Assessment : A paralegal can help determine when an individual becomes eligible for a record suspension, which depends on the nature of the offence and the sentence received.
Document Collection : Paralegals can assist in gathering the necessary documentation, which can be a daunting task for someone unfamiliar with the legal system. This includes acquiring all relevant records from courts and police departments across different jurisdictions.
Navigating Complex Regulations : The process requires adherence to precise guidelines set by the Parole Board of Canada, including detailed explanations of all convictions and the circumstances surrounding them. Paralegals with experience in record suspension applications are familiar with these requirements and can ensure that applications are completed accurately and thoroughly.
Avoiding Delays : Any error or omission in the application can lead to delays or the refusal of the record suspension. Paralegals ensure that every aspect of the application meets the necessary standards to avoid such pitfalls.

Seeking a record suspension is a significant step towards reclaiming one's life and moving forward without the burdens of past convictions. While the process can be complex and demanding, the assistance of a paralegal ensures that the application is handled professionally and efficiently, maximizing the chances of success.

At De Palma & Associates, we understand the profound impact a record suspension can have on your life. We are committed to providing detailed and compassionate legal assistance to help individuals achieve this important milestone.

Find out more about our services and book your free initial consultation now at https://www.depalmaparalegal.ca/criminal-pardons

Questions? Give us a call at 705-429-2401.

What Is the Process For Evicting a Tenant Due to the Sale of the Rental Property?

Fri, 10 May 2024 14:05:40 GMT

A Step-by-Step Checklist

The process of evicting a tenant is never pleasant but De Palma & Associates is here to help you make the process smooth and easier. Navigating the Landlord & Tenant Board (LTB) can be nerve-wracking but our team of professional paralegals is here to help. Let’s take a look at the steps necessary to evict a tenant due to the sale of the rental property.

** PLEASE NOTE THAT THIS BLOG POST IS NOT CONSIDERED LEGAL ADVICE **

Retain the services of a Realtor experienced with selling properties occupied by a tenant.
Inform the tenant(s) that the property is being listed for sale. Also let them know that you will provide 24 hours notice for all showings and ask for their cooperation. While this is not a mandatory step in the process, it goes a long way in keeping the relationship with your tenant(s) cordial and ensuring a smooth sale process.
List the property for sale. Keep in mind that you must obtain the tenant’s consent to take interior photos of the property for purposes of the listing.
Obtain a firm Agreement of Purchase and Sale for the property and ensure the Agreement of Purchase and Sale clearly instructs you as the seller to provide a notice of eviction to the tenant(s) for the personal use of the buyer and/or the buyer’s family member (with specific family member indicated to confirm said person falls within the allowable family members under the Residential Tenancies Act) and that the person moving in agrees to provide the seller with a Declaration stating their intention to occupy the premises.
Ensure the closing date on the Agreement of Purchase and Sale allows for sufficient time to obtain vacant possession of the property, if vacant possession is a clause in the APS, or ensures the APS has a clause that speaks to how the closing will be handled in the event vacant possession is not obtained prior to closing. This is where having a realtor experienced with selling properties occupied by a tenant is crucial.
At this time you should be consulting and retaining a paralegal to assist with the eviction process. However, if you wish to proceed on your own, use this checklist as a guide.
Complete an N12 Notice to indicate the property has been sold and who intends to move into the property.
Be sure to calculate the termination date for the notice correctly.
Serve the N12 Notice on your tenant(s) in accordance with the rules of service. The three most common methods of service are to hand the N12 directly to the tenant, place it under the door of the rental unit or send it via regular mail (with additional days added to the termination date to account for mailing).
Complete a Certificate of Service attesting to the date of service, method of service, etc.
Obtain the Declaration from the person moving into the property – be sure to consult the Landlord & Tenant Board website for what needs to be included in the Declaration
File an L2 Application with the Landlord & Tenant Board via the Tribunals Ontario Portal . In order to file the L2 Application you will need a copy of the N12, your certificate of service and the Declaration from the buyer or buyer’s family member. The current Landlord & Tenant Board filing fee for the L2 Application is $186 and must be paid at the time of filing your Application.
Wait for the Landlord & Tenant Board to schedule your Hearing. You can check the status of your Application online via the Tribunals Ontario Portal .
Once your Hearing is scheduled you will need to disclose your evidence - by filing with the LTB and serving to the tenant - a minimum of 7 calendar days before the Hearing. Your tenant can also disclose evidence they wish to rely on at the Hearing and must do so a minimum of 5 calendar days before the Hearing.
Attend your Hearing on the scheduled date/time in the Notice of Hearing. Be sure to have the person moving into the property also attend the Hearing as their testimony will be necessary.
Wait for an Order to be issued by the LTB and sent to you via the same method you received the Notice of Hearing, likely via email.
If you are successful and an eviction is granted you can then request the services of your local Sheriff to enforce the eviction upon the date indicated in the Order.

For more detailed information about our Landlord-Tenant services and how we can assist you, please visit De Palma & Associates Legal Services , send us an email at info@depalmaparalegal.ca or give us a call at 705-429-2401.

The Importance of Notarized Documents in Ontario

Wed, 10 Apr 2024 11:44:50 GMT

In our daily lives, we often encounter situations requiring formal verification of our documents and signatures. From buying a new home to travelling abroad or even managing estate affairs, the need for notarized documents is more common than one might think. Notarization serves as a powerful tool for authentication, ensuring that legal documents are valid and binding. Let's delve into why people in Ontario might need to get a document notarized and the significance of this process.

Establishing Authenticity

One of the primary reasons for notarization is to establish the authenticity of a document. When a notary public places their seal on a document, they are not just stamping it; they are certifying that the signatories are indeed who they claim to be, have willingly signed the document and that the document is genuine and intended to be legally binding. This process adds a layer of security and trust, crucial for transactions where the stakes are high, such as the transfer of property ownership.

Legal Requirement

For some transactions, the law mandates the notarization of documents. This includes documents such as the affidavit of execution for a will, property transfer documents, separation agreements and more. Notarization ensures these documents are enforceable in court, should disputes arise. Without the notarial seal, the legal standing of these documents could be questioned, potentially complicating or even invalidating crucial agreements. There are also some documents that require a notary seal to be considered a certified true copy. This includes copies of your identification documents, educational transcripts, powers of attorney and more. Only a Notary Public can certify that a copy of a document is true and genuine.

International Use

Notarization also plays a vital role when documents are to be used internationally. Whether it's for adoption processes, educational applications, or business contracts abroad, notarized documents meet the global standard for document authentication. In many cases, a process called "apostille" or authentication is required after notarization to further verify the document's legitimacy for use outside Canada. Another example of a document used internationally is a Travel Letter of Consent for children travelling without one or both of their parents or legal guardians.

Preventing Fraud

By requiring a notary public to witness the signing of important documents, notarization helps prevent fraud. The notary's duty is to ensure that signatories are not under duress, fully understand the document's contents, and are executing it of their own free will. This scrutiny helps deter fraudulent activities and protects the interests of all parties involved.

Convenience of Mobile Notarization

Recognizing the growing need for accessible notarial services, De Palma & Associates now offers Mobile Notary Services. This service brings notarial services to your doorstep, offering unparalleled convenience without compromising the integrity of the notarization process. If you are unable to leave your home or are currently in a care facility and require document notarization, mobile notary services ensure your legal needs are met with ease and professionalism.

The notarization of documents is a critical step in many legal processes, serving as a testament to their authenticity, legality, and the signatories' intent. Whether you're engaging in local transactions or preparing documents for use abroad, understanding the importance of notarization can help you navigate your legal obligations more confidently.

If you find yourself in need of notarization services in Ontario, consider the convenience and reliability of Mobile Notary Services offered by De Palma & Associates. Our commitment to professional, accessible legal services ensures that your documents are in good hands.

For more detailed information about our Mobile Notarization services and how we can assist you, please visit De Palma & Associates Legal Services , send us an email at info@depalmaparalegal.ca or give us a call at 705-429-2401.

Navigating Landlord-Tenant Issues in Ontario: The Paralegal Advantage

Sat, 30 Mar 2024 11:47:02 GMT

In Ontario, navigating landlord-tenant disputes can be a complex process, governed by the Residential Tenancies Act, 2006 (RTA) and adjudicated by the Landlord and Tenant Board (LTB). Given the intricacies of the law and the procedural nuances of the LTB, individuals often wonder whether to hire a paralegal or a lawyer for these matters. In my professional experience, there are several compelling reasons why working with a paralegal is not only advantageous but also highly effective for both landlords and tenants.

Expertise in Landlord and Tenant Law

Paralegals in Ontario are required to undergo rigorous education and training, with a strong focus on landlord and tenant law. This specialization equips paralegals with a deep understanding of the RTA and LTB procedures, ensuring that they are well-prepared to navigate the complexities of your case. From filing applications such as Form N4 (Notice to End a Tenancy Early for Non-payment of Rent) to representing clients in hearings, paralegals have the expertise to effectively manage landlord-tenant disputes.

Personalized Attention

Paralegals often work in smaller practices or independently, which can lead to a more personalized and responsive service. For clients, this means having direct access to your legal representative, who is thoroughly familiar with your case and can provide timely updates and advice. This level of personal attention is crucial in landlord-tenant disputes, where timely responses can be pivotal to the outcome.

Efficient Resolution

With their specialized knowledge, paralegals are adept at identifying the most effective strategies to resolve landlord-tenant disputes, whether through negotiation, mediation, or adjudication by the LTB. Their focus on these types of cases means they are familiar with common pitfalls and effective arguments, which can lead to quicker resolutions, saving clients time and stress.

Advocacy and Representation

Whether you are a landlord dealing with tenant arrears or a tenant facing an eviction notice, a paralegal can provide robust representation at LTB hearings. They understand the evidence required to support your case and are skilled at presenting arguments persuasively, ensuring that your voice is heard and your rights are upheld.

For landlords and tenants in Ontario, navigating disputes requires not only an understanding of the law but also strategic legal representation. Paralegals offer a combination of expertise, cost-effectiveness, personalized service, and effective advocacy that makes them an excellent choice for handling these matters. With a paralegal by your side, you can navigate the LTB process confidently, knowing that your case is in capable hands.

Facing a landlord-tenant issue in Ontario? Contact our office for a free initial consultation at 705-429-2401. Let's work together to find the best resolution for your situation. Know the rules, know your rights, solid advice.

Understanding Your Human Rights in Housing and Employment: How a Paralegal Can Help

Wed, 21 Feb 2024 11:48:09 GMT

In Ontario, the Human Rights Code is a cornerstone of our legal system, ensuring fair treatment and protection against discrimination in various aspects of life, including housing and employment. As legal professionals specializing in these areas, the De Palma & Associates team has seen firsthand how knowledge and enforcement of these rights can make a significant difference in people's lives.

Housing as a Human Right

Housing is more than just a roof over your head; it's a fundamental human right recognized under international law. In Ontario, the Human Rights Code protects individuals from discrimination and harassment in housing situations. This means that when renting a unit, everyone has the right to equal treatment without discrimination based on race, ancestry, disability, sex, family status, and other grounds. Landlords have a duty to ensure that their housing environments are free from discrimination and harassment, and this extends to tenant selection, occupancy rules, repairs, and the general enjoyment of the premises.

Fair Employment Practices

Similarly, in the employment sector, the Ontario Human Rights Code guarantees equal treatment in employment without discrimination or harassment. This covers all aspects of the workplace environment and employment relationship, including recruitment, training, promotions, dismissals, and layoffs, as well as compensation, hours of work, and benefits. Employers are required to accommodate employees' needs to the point of undue hardship, which might involve modifications to workspaces, adjustments to work schedules, or changes in policies and practices to ensure an inclusive and respectful work environment.

The Role of a Paralegal

Navigating the complexities of human rights law can be challenging, but you don't have to do it alone. As licensed paralegals, our team is equipped to provide guidance and representation in cases involving discrimination in housing and employment. Whether you're facing unfair treatment in your living situation or workplace, or if allegations of discrimination are being made against you, a paralegal can help you understand your rights and options, represent you in legal proceedings, and work towards a fair resolution.

If you have experienced discrimination in housing or employment, or if you are facing allegations of discrimination, reach out to our office for a free initial consultation. Let's work together to ensure your rights are protected and upheld. Give us a call at 705-429-2401 or contact us online at https://www.depalmaparalegal.ca/pages/contact-us

Reclaim The Money You're Owed After A Breakup

Fri, 04 Nov 2022 11:49:03 GMT

Breaking up is hard to do, but what can be even more difficult is being repaid for any money you might have lent during the relationship. In Canada, the law requires repayment of any money loaned between partners during the relationship. If a breakup occurs, the person who owes money has an obligation to pay their former partner back.

This process can be difficult to handle on your own, especially if money was lent for necessary household expenses.

What Is The Law In Canada About Money Lent Between Partners During A Relationship?

Canadian law treats the exchange of funds between partners as loans unless otherwise explicitly proven as a gift, something the court will require clear evidence for.

The precedence found in Pecore v. Pecore, 2007 1 S.C.R. 795 reads:

“The presumption of resulting trust is a rebuttable presumption of law and general rule that applies to gratuitous transfers. When a transfer is challenged, the presumption allocates the legal burden of proof. Thus, where a transfer is made for no consideration, the onus is placed on the transferee to demonstrate that a gift was intended: see Waters’ Law of Trusts, at p. 375, and E. E. Gillese and M. Milczynski, The Law of Trusts (2nd ed. 2005), at p. 110. This is so because equity presumes bargains, not gifts.”

Additionally, further similar language can be found within the case Colangelo v. Amore, 2010 ONSC 5657

Canadian Law States The Difference Between Loans And Gifts

By examining the case of Walker v. Farsijani, 2021 ONSC 5571 , it states there are:

"Three requirements are [sic] necessary to establish a valid gift inter vivos:

(i) an intention to donate;
(ii) a sufficient act of delivery; and
(iii) acceptance of the gift"

Furthermore, it continues that "common-law relationships or romantic friendships do not give rise to a presumption of gift", by quoting the precedent of Zachariadis Estate v. Giannopoulos, 2019 ONSC 6505, 2019 CanLII 6505.

Can Anything Be Done To Make It Easier To Repay Money Lent Between Partners During A Relationship Breakup?

One way to make it easier to retrieve the money lent during a relationship is to draw up an informal agreement between you and your previous partner. This agreement can be used as evidence in court should the need arise, and can help to prevent any misunderstanding or conflict down the road about what precisely is owed and the timeframe of being paid.

If you are unable to come to an agreement with your former partner, you may need to take legal action.

We're You're Most Effective Choice

By working with our full-service team of paralegals, we can help you through the process of reclaiming everything you're owed from the relationship after a breakup through Small Claims Court, whether it’s money or physical items. We'll guide you through the necessary steps and paperwork, and represent you in court if we can't come to a satisfactory agreement with your former partner outside of court.

Our consultations are always free and there's never any obligation to move forward - we truly wish to let you know your legal options. So, let's get started today.

Know the rules. Know your rights. Solid advice.

Wasaga Beach and Barrie Office:
Phone: (705) 429-2401

Orillia Office:
Phone: (705) 909-0805

Email: info@depalmaparalegal.ca

Contractors – Why You Should Retain a Paralegal

Fri, 26 Aug 2022 11:49:44 GMT

As a contractor, you might be unaware that having a paralegal represent you can save you time and money when you’re dealing with clients who have chosen to be difficult by holding out on your rightfully earned payment.

But what does a paralegal do and how can they help your business? In this article, we'll discuss the role of the paralegal and explain how they can help your business run more smoothly.

We'll also provide tips for working with a paralegal so you can get the most out of this valuable relationship.

What Does A Paralegal Do?

A paralegal is a trained legal professional that is able to represent you in Small Claims Court, which can save you the time, headache, and difficulty of representing yourself. With finely-tuned areas of specialty that can be extremely helpful to a contracting business, De Palma & Associates knows all the tricky ins and outs when assisting contractors in collecting what they’re owed.

How Can A Paralegal Help Your Contracting Business

Being a contractor can lead to some incredible rewards when you're dealing with the right clients. Unfortunately, not everyone you provide work for treats you or your service with the respect you deserve - that's where a paralegal can help!

For example, let's say you've completed a job for a client and they're refusing to pay your invoice. A paralegal can help you draft a pre-litigation letter in the hopes of amicably resolving the issue. If needed, the paralegal can take action in Small Claims Court to collect what you're owed, which can free up your time so that you can focus on the clients who actually appreciate and pay for the services rendered.

While a written contract is certainly preferable it isn’t always necessary to pursue an action in Small Claims Court so don’t shy away from this option simply because you don’t have a written contract with the client. A paralegal can assist with presenting your case in a manner that shows there was an implied or verbal contract in place based on the actions of the parties.

Recovering Legal Fees in Small Claims Court

Did you know a successful party in Small Claims Court can request for legal fees to be awarded against the opposing party in addition to the amount owed and interest? Having a discussion with your paralegal about their fees and possible recovery of fees in court is extremely important. That is why we charge flat rates for every step of a Claim and these rates are presented to the client upfront – transparency is of the utmost importance to us at De Palma & Associates Legal Services.

With offices located in Wasaga Beach, Orillia. and Barrie, De Palma & Associates can provide legal representation for Small Claims Court cases, landlord & tenant disputes, traffic tickets, criminal pardons (record suspensions), and document commissioning/notarizing throughout the Georgian Bay area and the GTA. If you have any questions or require legal representation, give us a call at De Palma & Associates - (705) 429-2401 (Barrie and Wasaga Beach or (705) 909-0805 (Orillia).

You’ve Done the Work - Don’t Let the Invoice Go Unpaid!

Wed, 17 Feb 2021 11:50:25 GMT

Are you a tradesperson who has completed the job, but now you are struggling to recover the funds on an unpaid invoice? Unfortunately, this is not an uncommon occurrence. If this is happening to you, you might want to consider taking the client to Small Claims Court to recoup the unpaid funds. De Palma & Associates can help!

Small Claims Court is designed to assist people in recovering funds that are owed to them. They are able to handle any action for the payment of money where the amount claimed does not exceed $35,000. This is exclusive of interest and additional costs, such as court fees.

If the amount of your claim is more than $35,000, you can still choose to go to Small Claims Court. However, you will have to forfeit the amount of money over $35,000, as well as any future right to get this money in any other court.

As well, you cannot divide the amount of money you are claiming into separate cases. For example, you can not divide $50,000 into a $35,000 claim and a $15,000 claim in order to have the total amount dealt with in two cases. All claims over $35,000, must be taken to the Superior Court of Justice.

It should also be noted that there could be a time limit to how long you can wait before making your claim. If you are uncertain about what period of time applies in your case, you should reach out to us at De Palma & Associates for further clarification. The paralegals at De Palma & Associates have several years of experience representing tradespeople in Small Claims Court with a great deal of success. Let us help you recoup your outstanding invoices.

With offices located in Barrie and Wasaga Beach, De Palma & Associates provides legal representation for Small Claims Court cases, landlord and tenant disputes, traffic tickets, United States entry waivers, criminal pardons (record suspensions), notary services, mediation and document commissioning throughout the Georgian Bay area and the GTA. If you have any questions or require mediation or legal representation, give us a call at De Palma & Associates at 705-429-2401.

GUEST BLOG: Why to Use a Paralegal When Dealing with the Landlord and Tenant Board

Tue, 12 Jan 2021 11:51:18 GMT

Navigating the Ontario Landlord and Tenant Board can be confusing for both landlords and tenants. Recent changes to legislation, as well as a backlog due to the lengthy shutdown from March to August in 2020, have made it even more challenging. In this month’s guest blog, a landlord and recent client relates her experience and why it is so beneficial to use the services of a paralegal when dealing with the Landlord and Tenant Board.

As a single parent with one income, buying a home was always a dream for me. When I found a wonderful duplex for sale in 2015, I jumped at the opportunity to become both a homeowner and a landlord, renting out the second unit to cover my mortgage. The experience was mainly positive, until late 2020. Unrelated to COVID-19, my tenant decided to stop paying rent, stop communications and started behaving in a way that was unsafe for my daughter and I. I knew that I needed to start the process to have him evicted and, once I started doing my research, I knew that I couldn’t do it alone. I have seen horror stories in the news of landlords locked in cases with their tenants for months, even years, due to incomplete forms and improper filings. That’s when I called Christina De Palma at De Palma & Associate.

Christina took care of everything for me, from making sure that the right forms were filled out and filed completely and correctly, to negotiating the final outcome with my tenant and representing me at our virtual Tribunal hearing. I had MANY questions and concerns and Christina was always able to assure me. I am now in the process of repairing and renovating my rental unit. When it comes time to rent it again, I will definitely be using Christina to draw up the new lease agreement. Using a paralegal when navigating the Ontario Landlord and Tenant Board is a small investment for peace of mind!

With offices located in Barrie and Wasaga Beach, De Palma & Associate provides legal representation for Small Claims Court cases, landlord and tenant disputes, traffic tickets, United States entry waivers, criminal pardons (record suspensions), notary services, mediation and document commissioning throughout the Georgian Bay area and the GTA. If you have any questions or require mediation or legal representation, give us a call at De Palma & Associate at 705-429-2401.

2020: A Year in Review at De Palma & Associates

Mon, 14 Dec 2020 11:52:10 GMT

2020 has certainly been an interesting year to be a paralegal. With the ongoing pandemic, the way we work has drastically changed. This is mainly due to the justice system coming to a complete halt in March of this year. The effects of the halt are still being felt due to the system not being fully recovered.

This can be seen in the areas of law that we practice:

Small Claims Court was closed completely starting in March and has only recently begun hearing very select cases over Zoom. Small Claims Court is far from back up and running.

The Landlord & Tenant Board was closed completely from March to the middle of August and is currently hearing select types of cases via Microsoft Teams.

Traffic Court has been closed since March and has yet to reopen.

This ultimately has left numerous clients with cases pending and no idea as to when their case will be heard. At De Palma & Associates Legal Services, we have and will continue to try our very best to negotiate out of court settlements to keep cases moving along for our clients.

However, with the halt of the justice system, I took it upon myself to become educated in another area – mediation. I chose mediation as an area to learn and offer to our clients due to the court closures and inevitable backlog it has caused. Mediation services can be used as an alternative to the court process or as a way to potentially resolve a dispute while waiting for a court appearance to be scheduled/rescheduled because of the COVID-19 shutdown.

We also started a new community initiative due to the pandemic. After schools closed last spring, many students missed their proms and graduations and we wanted to help give them a memorable experience during these challenging times. Thus Porch Prom 100 was created. We encouraged graduates to dress up and we would have their pictures professionally taken (socially distanced of course). Photos were free to all of the participants, all we asked was that the participants make a small donation to Prom Glitz , an organization that helps young women who can't afford a dress for their prom.

As the owner of De Palma & Associates Legal Services, I am extremely proud of my staff who has adapted to this new normal without missing a beat and continuing to put our clients first. There is hope that early 2021 will bring continued reopening of the court system, whether that be remote or in-person so that matters can get back up and running.

We would also like to thank all of our clients for their continued support and patience during these challenging times. We definitely would not have gotten through this without you.

If there is a silver lining, it is that there is hope that this shutdown will continue to bring much-needed technological innovation to the justice system such as online case lookup, electronic document filing, service of documents via email, and more that our system has been so sorely lacking.

De Palma & Associates Give Back This Holiday Season

Mon, 16 Nov 2020 11:53:30 GMT

As the holiday season quickly approaches, we are reminded of what a costly time of year this can be. Many Canadians are struggling to live paycheque to paycheque and simply can’t make ends meet, let alone provide gifts and holiday surprises. The added struggles and economic strain of COVID-19 will undoubtedly make this holiday season even more challenging for many families in our region.

This holiday season, De Palma & Associates wants to do something special to help out our local community. Every year our firm takes on a charitable initiative around the holidays. Previous endeavours have included food drives, monetary donations to charities,and the sponsoring of teddy bears at a local hospital. At De Palma & Associates, we believe that it is important to give back to our community in any way that we can. This year we have decided to focus our charitable initiative on a charity toy drive. We hope that in doing so that we will be able to take some of the stress off the parents and help give some kids a reason to smile this Christmas morning.

This year, for every one of our new clients that retain our services from November 1 through November 30, we will purchase and donate a toy or gift card to our local toy drives. We will aim to purchase items for a wide range of ages, from infants right up to teenagers so that everyone is thought of and no one feels forgotten this holiday season.

We also encourage everyone that is able to make a donation to a local charity this holiday season to please do so. This pandemic has affected so many families across our country and the world, so even the smallest donation can help to give a family in need a brighter holiday!

What You Need to Know About Bill 184

Sat, 17 Oct 2020 12:17:50 GMT

Bill 184, otherwise known as Ontario’s “Protecting Tenants and Strengthening Community Housing Act”, was passed by the provincial government into law in July of 2020. Bill 184 is an act to amend the Building Code Act, 1992, the Housing Services Act, 2011 and the Residential Tenancies Act, 2006 and to enact the Ontario Mortgage and Housing Corporation Repeal Act, 2020. The Ford government has stated that the new law will better protect both Landlords and Tenants.

Steve Clark, Minister of Municipal Affairs and Housing said “We know Tenants and Landlords have struggled during COVID-19, and some households may be facing eviction due to unpaid rent during this crisis. By making these changes we are trying to keep people in their homes, and at the same time, helping Landlords receive payment through a mutual repayment agreement. It’s a better approach, especially during these difficult times.”

Here are some of the key changes and additions from Bill 184:

New Purchaser’s Use of the Unit

The Landlord must provide one month’s worth of rent or an acceptable alternate unit as compensation to the Tenant if they sell the rental unit. And this compensation is the responsibility of the Landlord, not the Purchaser

Demolition of a Unit

The Landlord must now compensate one month’s worth of rent to the Tenant for demolition even if the complex has less than 5 units.

Renovation of a Unit

The Landlord is now required to compensate one month’s worth of rent as compensation or an acceptable alternate unit to the Tenant during renovations to a unit even if the complex has less than 5 units. If a tenant does not give notice of their intent to move back into the unit after the renovation, the Landlord owes the tenant one more month worth of rent as compensation or an acceptable alternate unit. If a tenant does give notice of their intent to move back into the unit after the renovation the Landlord owes the tenant compensation in the amount of the lesser of one month worth of rent or the period of the repair.

Deadline for Compensation - All compensation must be paid prior to the termination date on the N12 and N13 Notice forms that are given to the Tenant.

Affidavit for N12 or N13 Notice

These notices must now be filed with the L2 application as opposed to provided at the LTB Hearing. As well the Landlord has to disclose if they have served an N12 or N13 in the previous two years for either that same unit or another unit they own and this history can be brought up at an LTB hearing

L4 Changes

The Landlord & Tenant can come to an agreement on their own to address non-payment of rent issues and include a clause in such agreement. If the agreement is breached, the Landlord can file an L4 application for an ex-parte Order. Important to note: the N4 must still have to be served, L1 must still have been filed and the L4 must be filed within 30 days of the breach.

Addition

Now an Adjudicator must consider whether or not the Landlord made any attempt to negotiate with the Tenant during COVID-19. This is essentially forcing a Landlord to make an offer to resolve the issues at hand with the Tenant. It is suggested for this to be in writing so it can be proven at an LTB hearing. This clause is retroactive to March 17 and will be in place until an unknown date.

Fines - Bill 184 has increased the fines to Landlords who are caught doing things in bad faith. The fines have been raised from $25,000 to $50,000 for personal Landlords and $100,000 to $250,000 for corporations.

If you have any further questions about Bill 184 or need assistance with a Landlord or Tenant issue, De Palma & Associate can help. With offices located in Barrie and Wasaga Beach, De Palma & Associate also provides legal representation for Small Claims Court cases, traffic tickets, United States entry waivers, criminal pardons (record suspensions), mediation, notary services and document commissioning throughout the Georgian Bay area and the GTA. If you have any questions or require legal representation, give us a call at De Palma & Associate at 705-429-2401.

Mediation is Not Just for Legal Issues

Wed, 16 Sep 2020 12:27:09 GMT

Mediation is the process of trying to solve disagreements between two parties without having to go to court. Mediation is a form of negotiation that is chaired by a neutral person, called the mediator. The mediator has no personal interest in the outcome of the mediation and is present by the agreement of all the parties.

But did you know that mediation doesn’t have to be used just for legal issues involving the courts? In fact, a mediator can also be used to help facilitate tough conversations that parties may not be able to have on their own. If we think of a mediator as a discussion facilitator, the options for using mediation broaden widely.

Mediators specialize in solving problems and guiding parties through a dispute to reach a favourable outcome. Mediators do not judge between right and wrong, nor do they provide legal advice. The parties involved still control the outcome of the proceedings and no settlement is reached without mutual approval.

Here is a great example of a situation where a mediator can be used. A tree that is on both yours and your neighbour’s property has fallen down and neither of you can agree upon who is responsible for its removal. While you might be able to agree on certain aspects of the removal, some details may be harder to work through. To avoid going to court over the issue, this is when mediation can help by having a neutral third party to further the discussion in a guided process.

Here are some other examples of when mediation could be used:

Family members who need to talk through past issues that are affecting their ability to move forward in a positive way
Discussions between business partners when tough decisions have to be made for the business
Conversations between neighbours about their property concerns
Discussions between friends about issues in their friendship

At De Palma & Associate we offer mediation services for many different types of disputes. With offices located in Barrie and Wasaga Beach, De Palma & Associate also provides legal representation for Small Claims Court cases, landlord and tenant disputes, traffic tickets, United States entry waivers, criminal pardons (record suspensions), notary services and document commissioning throughout the Georgian Bay area and the GTA. If you have any questions or require mediation or legal representation, give us a call at De Palma & Associate at 705-429-2401.

How a Mediator Can Help with Premarital, Divorce, or Separations

Mon, 17 Aug 2020 12:28:01 GMT

Premarital discussions can be difficult to have with your partner because who plans for an end to a marriage before it hasn’t even begun? However, sometimes it is prudent for both parties to have these discussions ahead of marriage.

These discussions can include items such as the desire to or not to have children, how to address property owned by one party before the marriage which will become the family home, division of assets in the event of a divorce, decisions on items to be included in a will (guardian for children in the event of the death of both parents, who to assign as power of attorney, etc).

These discussions can be tough to have, but sometimes can be made easier by having a neutral third-party facilitator involved. This way everyone feels comfortable expressing their true feelings on the issues at hand as the mediator is there to assist parties in reaching a mutually satisfactory resolution. The mediator is not there to make a decision for the parties or advise them in any way. They are only there to be a neutral third party to facilitate negotiation and discussion.

And in the end, the outcome from these premarital discussions can be included in what is typically known as a ‘prenup’ or a prenuptial agreement. It should be noted that the mediator does not draft up the prenup agreement – the parties or their lawyer(s) handle that aspect after an agreement is made.

However, if these discussions are not had before marriage or if a prenuptial agreement is not set in place and the marriage begins to break down, mediation can be an important step in the separation or divorce process. This is because mediation allows both parties to have a say in the decision on what their divorce will look like in their own hands. For example, a mediator can help facilitate discussions around custody of children after a divorce, division of assets after a divorce, child support arrangements, etc.

It should be noted that parties can attend mediation either prior to or during the court process and can attend mediation either with or without a lawyer. If the issues at hand in a divorce can be decided upon in mediation it can make the court process much smoother for all parties involved.

At De Palma & Associate we offer mediation services for many different types of disputes, not just premarital, divorce and separation issues. We can assist you with estate disagreements, contract disputes, employment issues, and more. As well we can also provide legal representation for Small Claims Court cases, landlord and tenant disputes, traffic tickets, United States entry waivers, criminal pardons (record suspensions) and document commissioning throughout the Georgian Bay area and the GTA. If you have any questions or require mediation or legal representation, give us a call at De Palma & Associate at 705-429-2401.

Mediation Services Now Available from De Palma & Associates

Wed, 29 Jul 2020 12:29:35 GMT

During the pandemic, I took it upon myself to become educated in another area – mediation.

As a paralegal, I have represented parties in numerous forms of mediation and have seen how successful it can be if both parties come to mediation with an open mind and intention to resolve the issue. For this reason, among others, I chose mediation as an area to learn and offer to our clients. I see this as an opportunity for myself and our clients due to the current court closure and inevitable backlog it will cause. Mediation can be used as an alternative to the court process or as a way to potentially resolve a dispute while waiting for a court appearance to be scheduled/rescheduled because of the COVID-19 shutdown.

Technically there is no requirement for mediators to complete an education program or register with a governing body like there is for paralegals and lawyers. It is however highly recommended to do so, which I have done. I have completed all of the required education courses needed to obtain my Qualified Mediator status with the ADR Institute of Ontario.

So what exactly is mediation and how does it work? Mediation is designed to assist parties in reaching a mutually satisfactory resolution of their dispute. The mediator does not make a decision for the parties or advise them in any way. The mediator is a neutral third party present to facilitate negotiation and discussion. The mediator does not draft a mediated settlement for the parties – the parties or their lawyer handle that aspect after an agreement is made.

I am offering mediation for all types of disputes including divorce/separation, estate disagreements, contract disputes, employment issues, etc. In keeping with my flat rate fee structure for paralegal services, I will be offering mediation services at a flat rate for a half-day mediation or a full-day mediation. As well, mediation sessions will either be conducted at our office locations (Wasaga Beach or Barrie) or any location suitable to the parties, so long as both parties consent to the location. Generally, the mediator’s office is the best place to hold the mediation session as it is a neutral ground for both parties.

It should also be noted that if I act as a mediator in a dispute I cannot then represent one party in any further legal action. The mediation process is entirely confidential – what is said in mediation cannot be repeated or used against a party in any further legal action.

With offices located in Barrie and Wasaga Beach, De Palma & Associates can also provide legal representation for Small Claims Court cases, landlord & tenant disputes, traffic tickets, United States entry waivers, criminal pardons (record suspensions) and document commissioning throughout the Georgian Bay area and the GTA. If you have any questions or require mediation or legal representation, give us a call at De Palma & Associates - (705) 429-2401.

GUEST BLOG Benefits of Using a Property Manager

Wed, 10 Jun 2020 12:30:30 GMT

Every successful team relies on a number of players all pulling one another in the same direction to achieve the same goal. Having successful rental properties is no different. Starting with the right team will make the process of owning rental properties easier to manage. A good team consists of many players, from an agent that will help you find and secure the right properties, to a mortgage broker to help you set up the appropriate financing, right down to a property manager.

So exactly what role does a property manager play in your team when it comes to helping you have successful rental properties? A quality property manager will be there to help you take care of the tenants as well as the properties. Their role is to take care of all the day to day operations of the property and manage the landlord-tenant relationship experience, as well as to help assure a rapid turn around of vacancies in the property by helping to find new suitable tenants.

Yet even the best of property managers can not be perfect all the time. That is why it is critical that your property manager have the proper contact to support both them and the client when things go in an unintended direction. A good idea for any successful rental property is to partner with a quality paralegal team who specializes in landlord-tenant issues. Doing this can help give your team a competitive edge and help you achieve the desired results. The team at DePalma & Associate can not only help to represent you at the Landlord & Tenant Board (LTB), but they are also a great sounding board for the entire process. Knowing all the issues that you are facing, DePalma & Associate are able to help come up with alternate solutions to issues and create the best chance for your success. Sometimes they have even given solutions to avoid the LTB hearing process completely. But if you do have to go before the Landlord & Tenant Board they can help to create the best chance for a win at any hearing.

This is why, for the team at A.G. Secure Property Management Inc., to be the best we work with the best to form the best team!

Are Landlords Allowed to Take Photos of Rental Units for Sale?

Fri, 08 May 2020 12:37:19 GMT

With the current pandemic, selling or renting a property can be difficult. Selling one that is currently occupied by a tenant is even more challenging. The pandemic has created a shift in how landlords and realtors are able to show homes that are currently listed for sale. Instead of potential buyers getting an in-person walkthrough and inspection, realtors are using photos and creating virtual tours of the property to lure potential clients.

One question that has come up several times during this pandemic is - can a landlord or the landlord’s agent take pictures of a rental property that is currently occupied by a tenant? The short answer to that question is no, however it depends on the reason that the photos are needed.

Sections 26 and 27 of the Residential Tenancies Act, 2006 provide that a landlord may enter a rental unit for, among other reasons:

in cases of emergency;
to clean the unit if the lease requires the landlord to do so;
to show the unit to prospective tenants [if notice has been given to end the tenancy];
to carry out a repair, replacement or to do work;
to allow a potential mortgagee or insurer to view the property; and
to carry out an inspection of the unit.

As well, a landlord is also permitted to enter a property if they have the consent of the tenant or for any other reasonable reason for entry specified in the tenancy agreement.

But these reasons alone do not allow for photos of the unit to be taken. The landlord is permitted to take photos inside a rental unit for the purposes of assisting the landlord with maintenance or repairs that are required or if needed to respond to a tenant’s application at the Landlord & Tenant Board.

Taking photos, other than these purposes, without the express consent of the occupant is unlawful. This is because the occupant is entitled to their privacy within the rental unit and thus photos are not allowed to be taken to be used online unless the tenant has provided their consent to do so.

Creating a virtual showing of a property for sale or the posting of the photos online for a listing without consent may constitute a breach of the tenant’s privacy according to recent case law on the subject. In this case, the tenant argued that posting pictures of their family’s belongings was a breach of their privacy and interfered with their reasonable enjoyment of the rental. And if the sole purpose of entry to the unit is to take photos to post online, the tenant can refuse entry to the landlord and/or landlord’s agent and such refusal will likely not be grounds for eviction.

So with a little foresight, when creating a rental agreement/lease, a good idea would be to include a clause allowing for the landlord to take photos to be used in case they decide to put the property up for sale. As well, consent could also be obtained by creating a separate document executed at the time of requiring the photographs outlining the tenant’s consent to take photographs of the rental unit.

These are unprecedented times and many people are confused and require assistance. Here at De Palma & Associate, we offer free initial consultations to discuss your legal matter and there is no obligation to retain our services at this consultation. As well, our fees are charged as a flat rate in an effort to be transparent about the cost of our services. We also do not ask our clients to provide us with retainer funds. We believe in building trust with our clients and that is why we invoice our clients as their case progresses and they see work being done as opposed to requesting money from them upfront. And in an effort to ensure our clients feel comfortable reaching out to us for questions or an update on their case, we do not charge for phone calls/emails with our clients as well as not charging for follow up meetings at our offices.

With offices located in Barrie and Wasaga Beach, De Palma & Associate can provide legal representation for Small Claims Court cases, landlord & tenant disputes, traffic tickets, United States entry waivers, criminal pardons (record suspensions) and document commissioning throughout the Georgian Bay area and the GTA. If you have any questions or require legal representation, give us a call at De Palma & Associate - (705) 429-2401.

Contract Cancellations During COVID-19

Mon, 13 Apr 2020 12:38:23 GMT

COVID-19 has had a significant impact on so many aspects of our lives, including many contracts that were to be executed during this time. Orders implemented by the Province of Ontario prohibiting gatherings of more than five people have impacted the ability to hold events that may have been scheduled quite some time ago. Trade shows, home and craft shows, conferences, fundraising events, hall rentals, wedding vendors and so much more are all impacted at this time.

It can be argued that the doctrine of frustration applies to the inability to fulfill these contracts and can deem the contracts null and void. Some examples of frustration include:

Frustration applies when there is no provision in a contract to address such situations

Frustration can be applied to situations where a party’s ability to fulfill a contract has been affected by a third party – the effect is out of the party’s control and is unexpected

Frustration is generally referred to as ‘an act of God principle’ as there would need to be a drastic, unexpected event that has occurred to be able to argue frustration

A global pandemic such as COVID-19 is certainly drastic, unexpected and has impacted the ability to fulfill contracts. The implementation of the Provincial Order can also be argued to be a third party affecting the ability to fulfill contracts. If the contract is deemed to be frustrated, failure to abide by the contract or make payment in accordance with the contract is not considered a breach of contract. It is as if the contract doesn’t exist

Frustration also means that since the contract essentially no longer exists, any deposits made are to be refunded. This can have a significant impact on small local businesses. However, deposits can still be partially retained for services partially rendered or other value already received.

Benefits of Using a Paralegal

Mon, 16 Mar 2020 12:41:13 GMT

Over the past few years, there has been an increase in the number of people that require legal services. With this, there is a need for more affordable legal service providers. This means more and more people are looking towards paralegals to assist them with their legal needs.

Paralegals are licensed legal professionals that are able to provide legal representation to the Ontario public. Similar to a lawyer, a paralegal is licensed with the Law Society of Ontario and abides by the standard of learning, professional competence, and professional conduct guidelines as set out by the Law Society of Ontario.

One of the differences between a paralegal and a lawyer is their education and scope of practice. Since paralegals have a limited scope of practice, their education is fine-tuned to the areas they are allowed to practice. This means paralegals tend to be more specialized in their chosen fields of practice. Also, paralegals are required to complete annual continuing education courses similar to the requirements imposed for lawyers.

At De Palma & Associate Legal Services we specialize in providing legal representation for Small Claims Court cases, landlord and tenant disputes, traffic tickets, United States entry waivers, criminal pardons (record suspensions), and document commissioning. We can, within our permitted scope of practice, fully represent a client in court and because of this, our clients will not need a lawyer for any aspect of their case.

At De Palma & Associate we are proud of the referral relationship we have built within the legal community. Therefore, in the event that our client requires the services of a lawyer for an area of law that is outside of our scope of practice we will happily refer them to a lawyer that we trust can handle their case.

Here at De Palma & Associate Legal Services, we offer free initial consultations to discuss your legal matter and there is no obligation to retain our services at this consultation. As well, our fees are charged as a flat rate in an effort to be transparent about the cost of our services. We also do not ask our clients to provide us with retainer funds. We believe in building trust with our clients and that is why we invoice our clients as their case progresses and they see work being done as opposed to requesting money from them upfront. Also in an effort to ensure our clients feel comfortable reaching out to us for questions or an update on their case, we do not charge for phone calls/emails with our clients as well as not charging for follow up meetings at our offices.

Errors on Landlord and Tenant Board Forms

Tue, 11 Feb 2020 12:42:11 GMT

Time is money and, when mistakes get added into the equation, things can add up and definitely get costly! There is no exception when it comes to landlord and tenant issues. Dealing with tenants can be stressful at times, especially once legal matters are involved.

To start the process of evicting your tenant, you will have to find and serve the correct Landlord and Tenant Board (LTB) form. If you make an error, even a simple thing, it can lead to a headache that costs you more time and money. Some of the most common errors made on LTB forms include: incorrect rental address, lack of a unit/apartment number on the form (if applicable), incorrect monetary amount, incorrect rental period, error in the name of a party, incorrect notice period given to tenant, incorrect service of document on tenant, form is not signed, and incorrect person/entity signs the form. Just to name a few!

So what exactly happens if there is an error on the (LTB) form served to your tenant?

Ultimately, errors on an LTB form can result in the landlord’s eviction application being dismissed thus causing the eviction process to be delayed even further. With the waiting time for a hearing often being quite lengthy, it may cause the landlord to continue to incur financial or emotional hardship as they wait to start the process over again.

This is one of the many reasons to hire an experienced paralegal to handle your LTB case. With offices located in Barrie and Wasaga Beach, De Palma & Associate Legal Services can provide legal representation for landlord & tenant disputes, Small Claims Court cases, traffic tickets, United States entry waivers, criminal pardons (record suspensions) and document commissioning throughout the Georgian Bay area and the GTA. If you have any questions about the Landlord and Tenant Board or for any legal representation you might need, give us a call at De Palma & Associate Legal Services to find out more at (705) 429-2401.

It should also be noted that if an error on the LTB form results in the dismissal of an application, the landlord may not be able to file another application based on the same issue. For example, if a non-payment of rent application is dismissed the landlord may not be able to reapply to indicate the same months owing.

Small Claims Court Claims Increase

Mon, 20 Jan 2020 17:59:28 GMT

In Ontario, the Small Claims Court is a branch of the Superior Court of Justice. They handle any action for the payment of money or the recovery of possession of personal property where the amount claimed does not exceed $35,000. This amount excludes interest and any other costs such as court fees. Some examples of Small Claims Court cases are disputes such as unpaid invoices, loans that haven’t been repaid, and defects in a home after purchase.

The amount that can be claimed was recently increased from $25,000 to $35,000 on January 1, 2020. What this means is that some cases that were originally filed in the Superior Court for $35,000 or less before January 2020 may now be transferred to Small Claims Court.

Another option you may choose, if the amount of your claim is over $35,000, is to waive the excess amount over the $35,000 and pursue an action in Small Claims Court. However, you will have to give up any claim to the amount of money over $35,000 and any future right to get this money in any other court. As well, you cannot divide the amount of money you are claiming into separate cases. So if you want to sue for more than $35,000, you will have to take your case to the Superior Court of Justice.

One last thing to consider is that there may be a time limit as to how long you can wait before making a claim. In most cases, a claim can't be filed if more than two years have passed since the incident.

With offices located in Barrie and Wasaga Beach, De Palma & Associate Legal Services can provide legal representation for Small Claims Court cases, landlord & tenant disputes, traffic tickets, United States entry waivers, criminal pardons (record suspensions) and document commissioning throughout the Georgian Bay area and the GTA.

If you have any questions about Small Claims Court or any legal representation you might need, give us a call at De Palma & Associate Legal Services to find out more - (705) 429-2401 .

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