Paralegal Exam Study Flashcards: Professional Responsibility and Law in Ontario

A comprehensive set of vocabulary flashcards covering Law Society governance, professional ethics, legal procedures, torts, contracts, and specialized areas of law for paralegal candidates.

Benchers

The Law Society's board of directors, some of whom are elected by licensees and some appointed by the Lieutenant Governor in Council.

Convocation

A meeting of benchers that sets policy and governs the legal professions.

Treasurer

The head of the Law Society who presides over convocation and is elected by voting benchers.

Professional Development and Competence (PD&C)

A division of the Law Society responsible for licensing, CPD, the Great Library, and practice management support.

Professional Regulation Division (PRD)

The division that handles complaints, investigations, and discipline prosecutions.

Must / Shall

Terminology used in the rules to indicate a required action.

Should

Terminology used in the rules to indicate a recommended action.

May

Terminology used in the rules to indicate a discretionary action.

Administrative Suspension

A suspension resulting from the failure to pay fees, pay insurance, complete CPD, file annual reports, or report mixed trust accounts.

Integrity

The requirement that paralegals act honourably, honestly, and with high ethical and moral principles.

Undertaking

A personal promise by a licensee to carry out specific tasks or conditions.

Substantive Equality

An approach to equality that looks at the actual impact of policies or actions on individuals rather than just treating everyone the same.

CPD Requirements

A minimum of $12$ hours annually, including at least $3$ professionalism hours, one of which must be EDI-related.

Duty of Confidentiality

The obligation to hold in strict confidence all information concerning the business and affairs of the client acquired during the professional relationship, lasting indefinitely.

Bright-Line Rule

A rule stating that a licensee cannot act directly adverse to the immediate legal interests of a current client.

Sharp Practice

The act of trying to gain an advantage through dishonourable means during a legal proceeding.

Officer of the Court

A status held by licensed paralegals that carries associated duties of candour, fairness, integrity, and respect toward the tribunal.

Mixed Trust Account

An account that holds funds from multiple clients where the interest earned is sent to the Law Foundation of Ontario.

Cash Limit

The maximum amount of cash a paralegal can normally receive is $7500$, with exceptions for fees, disbursements, bail, and fines.

Rule of Law

The principle that government and private persons are subject to known legal rules and that public power must be authorized by law.

POGG

Peace, Order, and Good Government; a residual federal power applicable in national emergencies, gap branches, and matters of national concern.

Federal Paramountcy

A constitutional doctrine providing that where valid federal and provincial laws conflict, the federal law prevails.

Duty of Care

A recognized relationship of proximity where harm is reasonably foreseeable, creating a legal obligation to avoid negligence.

Thin-Skull Rule

A legal principle where the defendant is liable for the full injury of the plaintiff even if a pre-existing vulnerability makes the injury worse than expected.

Contra Proferentem

A rule of contractual interpretation where ambiguity is resolved against the party who drafted the clause.

Constructive Dismissal

Occurs when an employer unilaterally makes a substantial change to an essential employment term or acts in a way showing they no longer intend to be bound by the contract.

Just Cause

Exists where employee misconduct causes a total breakdown in the employment relationship, allowing for dismissal without notice.

Nemo Dat Rule

The principle that a seller cannot transfer a better title to goods than they themselves possess ($nemo\text{ }dat\text{ }quod\text{ }non\text{ }habet$).

Res Judicata

A principle preventing the relitigation of matters already finally decided by a court or tribunal, consisting of issue estoppel and cause-of-action estoppel.

Litigation Privilege

Applies to documents created for the dominant purpose of prosecuting or defending litigation that was reasonably contemplated.

Stinchcomb Disclosure

A constitutional right in criminal law requiring the Crown to disclose all relevant information, whether favourable or unfavourable, to the accused.

The Ladder Principle

A requirement in bail proceedings where the justice must impose the least onwards form of release and only move to more restrictive options if necessary.

Vavilov Presumption

A presumption in administrative law that the standard of review for a decision is reasonableness.

Prerogative Remedy: Certiorari

A remedy that quashes or sets aside a tribunal decision due to legal, factual, or jurisdictional error.

SABS (Statutory Accident Benefits Schedule)

A no-fault insurance system under the Insurance Act providing benefits regardless of who caused a motor vehicle accident.

MIG (Minor Injury Guideline)

A categorization in accident benefits that generally limits medical and rehabilitation benefits to a maximum of $3500$.