Paralegal Services
Most everyone knows that a lawyer is a highly trained legal practitioner who is licensed to practice law by the Law Society of Ontario. Most lawyers choose to focus their attention on one or two areas, such as family, real estate and wills and estates (as the lawyers here at M. G. Michaels & Associates do). However, they are not restricted to those areas and can practice before any Court or Tribunal in any matter in the Province. While paralegals are also trained legal professionals licensed by the Law Society of Ontario, they are restricted in the legal services they are able to provide.
Paralegals are permitted to provide legal services in a variety of areas including, small claims court, Human Rights Tribunal (or any of the other provincial or federal tribunals), employment issues, traffic tickets, summary conviction criminal offences and much more.
Most people think that paralegals are akin to law clerks and that their function is to assist lawyers in managing their files. In Ontario, paralegals are able to provide services to clients in their own right. The most beneficial aspect of hiring a paralegal is that they are generally less expensive than lawyers.
At M. G. Michaels & Associates clients get the best of both worlds. By retaining our paralegal, you are getting an educated, licensed, highly trained legal professional who has the ability to seek guidance from lawyers at any time but is able to take and manage her own files in specific areas of law. Currently, our paralegal focuses her time in the areas of Small Claims Court, Human Rights Tribunal and CBSA/NEXUS Appeals. We expect that in the next two years, our paralegal will be able to assist clients with simple family law matters as well.
If you have an issue that you think might best be handled by a paralegal, please contact the office and we will be happy to discuss your situation with you and determine the best course to proceed. Our goal is always to provide our clients with the best possible legal services, whether they be provided by a lawyer, a paralegal or the two professionals working as a team.
Small Claims Court
You are sitting in your home when you hear a crash. You walk into the living room to see that your bay window has been shattered when a kid playing street hockey took a bad slapshot. The kid’s parents say they will pay for the damage. You get a quote in the amount of $7,500 which you present to the parents and suddenly they are no longer willing to pay for the damage. What do you do? This is a perfect example of the type of case that is handled by the Small Claims Court.
Small Claims Court is a division of the Superior Court of Justice that hears claims under $35,000. It is faster, and much cheaper than proceeding in the regular Superior Court. The Small Claims Court was designed so that parties could act on their own behalf, but it can still be a confusing process. The right paperwork needs to be completed at the right time in the right way. At M. G. Michaels & Associates, our paralegal team can assist you with all aspects of your matter, from drafting the Plaintiff’s Claim and Defence, to trying to negotiate a settlement for you, and appearing as your agent at Court.
Did you know that when the Ontario Court system was designed, the intention was that matters never go to trial or in some cases, even see the inside of a Court room? Negotiation and settlement are the cornerstones of the Court system. At M. G. Michaels & Associates we can assist you in those negotiations and work to get your matter settled as quickly and efficiently as possible.
Unfortunately, getting a settlement agreement or a Court Order does not guarantee that you will get your cash award. Sometimes it is necessary to take further enforcement actions such as registering liens against property or garnisheeing wages. At M. G. Michaels & Associates, we are fully equipped to assist you in navigating the enforcement process so that you are made whole, or as whole as possible.
Whether you want to sue someone or are being sued by someone, we can assist you with all of your Small Claims Court needs.
The Human Rights Tribunal of Ontario
Are you a transgender person who is being treated unfairly at your place of employment? Are you in the process of transitioning and are facing unfair treatment because of the way you choose to dress, wear your hair, apply makeup? Does your employer refuse to use your chosen name? Are you a non-binary person, but your employer refuses to use your preferred pronouns? Are you a woman who has been passed over for promotion because of your family status (ie: you have children, or you may become pregnant)? Are you being sexually harassed at work? Are you obliged to wear religious accoutrements (such as a hijab, turban, yarmulka) but have been told by your employer that you are not permitted to do so? Are you being discriminated against because of your race? If so, an application to the Human Rights Tribunal of Ontario may assist you getting the respect and protection you deserve.
The Human Rights Tribunal of Ontario hears cases where people who have been discriminated against based on gender identity, sexual harassment, sexual orientation, family status, disability, ethnic origin, colour, creed or religion. This discrimination could be in conjunction with employment, housing, and/or the provision of services such as membership to private clubs and organizations. At M. G. Michaels & Associates our paralegal team assists clients in fighting for the rights afforded to all of us under the law. We appreciate that once a person has encountered discrimination, it can be unnerving to reach out for help. We are a safe space. We make no judgement about you, your race, colour, religion, creed, gender orientation, or gender identity. We support your right to live as your authentic self. Our only consideration is how we can help so that your rights are protected and respected.
We take a holistic approach to HRT matters. We realize that these issues are stressful, hurtful and can be very difficult to deal with from a personal perspective. This means that not only will we act for you as your legal agent but we will also work to assist you in finding any other supports you may need such as peer support or psychological resources.
CBSA/USCBP/NEXUS Appeals
Did you have goods confiscated when returning to Canada, and get fined too? Was your NEXUS card confiscated? We can help!
The rules for what you must declare when leaving Canada as well as returning can be confusing. Who would have thought that bringing back a chocolate bar could be problematic? Well, if it’s milk chocolate, that means it contains dairy and dairy is prohibited. Did you remember to convert your $9,000 USD into its Canadian equivalent and declare it’s Canadian value? This would obviously put you over the $10,000 CDN limit meaning you must declare it, even if you thought it was only $9,500. Sometimes the CBSA will even ask you to prove that goods you are bringing back are either not new, or were purchased in Canada before you left. For example, the watch you are wearing or the purse you have in your luggage.
Did you know that you have the right to appeal the seizure of your goods and the application of a fine? You only have 90 days to put your appeal forward, but the contents of your appeal paperwork can be as confusing as the rules of what you can and cannot bring across the border. At M. G. Michaels & Associates we know what needs to be included in your appeal, and what needs to be avoided as well. For example, in arguing your side of the situation, you do not want to accidentally make an admission that will either ruin your appeal, or get you into trouble in another aspect of your border crossing.
The contents of your appeal must include reference to the specific sections of the Customs Act that apply to your particular situation; must set out the facts succinctly and in such a way as to convince the CBSA that the situation was a mistake on their part rather than you having been caught smuggling. If the border officer exercised their discretion in a way that was unfavourable, referencing certain sections of the law could help convince them that their discretion was inappropriately applied and their decision ought to be reversed.
Did you know that if you are found to have crossed the border with contraband, and you are the holder of a NEXUS card, you will also find your card privileges revoked. In such a situation you would have to undertake two appeals.
If you experienced issues with the U.S. border services, while we can assist you in your appeal to the USCBP, which is referred to the U.S. Ombudsman. Success on this basis is rare.
Finally, if you have applied for a NEXUS card for the first time and been denied, we can assist you in exploring whether the rejection of your application was without merit, and help you gain a membership card. At M.G. Michaels & Associates, we are well versed in these appeals, and are happy to assist you in submitting your appeal(s) to the proper agency, in the proper form.
