Grace Licensed Paralegal
346 Somerset Street West K2P0J9 Ottawa, ON, Canada

Liability of the Bailee Duty of Care The basic rule is that the bailee is expected to return to its owner the bailed goods when the bailee’s time for possession of them is over, and he is presumed liable if the goods are not returned. ... The Ordinary Care Rule Some courts say that the bailee’s liability is the straightforward standard of ordinary care under the circumstances. The question becomes whether the bailee exercised such care. If she did, she is not liable for the loss.

#OttCity will resume the enforcement of parking in excess of posted time limits, beginning Monday, June 29. Warning notices will be given to vehicles that are parked longer than the posted time limit and tickets will start being issued on July 6. Details: https://bit.ly/2zBM9vE

Hope everyone is following the guidelines and staying safe. Mask is mandatory in Ottawa. Don’t be subjected to fines for not complying!

People who are being charged with an offence under the Emergency Management and Civil Protection Act (EMCPA) will be required to identify themselves if asked by a provincial offences officer, which includes police officers, First Nations constables, special constables and municipal by-law enforcement officers. This temporary power was approved by the Ontario government today through an emergency order to better protect people during this COVID-19. Failing to correctly identif...y oneself carries a fine of $750 for failure to comply with an order made under the EMCPA or $1,000 for obstructing any person in exercising a power if a provincial offences officer issues a ticket. In addition, failure to comply with an emergency order could carry punishments of up to one-year imprisonment or a fine of up to $100,000 for an individual, $500,000 for a director of a corporation, or $10,000,000 for a corporation itself if a provincial offences officer charges the individual by issuing a summons. See more

Learn about the temporary changes to residential rental rules and processes, and where landlords and tenants can get more help.

Public Announcement!

Something to think about! Since Facebook’s launch, millions of users have been drawn to the site to give friends updates, share pictures and reconnect. As such, it has provided people with a platform to communicate information in a way that they may otherwise never have considered. While posting information on Facebook may give people a sense of anonymity especially if their profile does not reflect their true identity, posting certain information on Facebook may provide the ...basis for a lawsuit. Defamation of Character One cause of action that may arise from posting information on Facebook is a defamation of character claim. To prove defamation of character, the victim has to show that you made a statement that was published, it caused the victim injury and it was false and was not a privileged statement. The statement must be spoken or written. Spoken defamation is usually referred to as slander, while written defamation is usually referred to as libel. While many people may look at Facebook as a private medium to share information, Facebook is actually considered a public forum by many. Furthermore, multiple courts in various jurisdictions have found that there is no legitimate expectation of privacy on Facebook, even when users take precautions to keep certain content private. The victim has to show that someone saw the post. Successfully winning a defamation suit does not require that many people saw the communication, as even an email sent to one person has provided justification for an award in other libel actions.

May the longest list you have be the one that counts your blessings this nite before Christmas!

How to amend a Plaintiff's Claim or a Defence? You may amend your pleadings in Small Claims Court without consent/leave of court if amendment is made 30 days prior to your trial. 1. Writing "Amended" at the top of your original Plaintiff’s Claim, crossing out the original amount and writing the new amount.... 2. Underlining all changes made. 3. Serving the amended claim on all the parties involved in the case (including anyone noted in default for not filing a Defence). 4. Filing it with the court, including an Affidavit of Service to prove all parties have received the amended claim. For more information, please call for consultation. Waiver: This is general information and does not constitute legal advice.

Effective January 2020, the small claim court’s claim limit will be increased from $25,000 to $35,000.00. #smallclaimcourtottawa

What happens when multiple people sign a lease and one person wants to leave?

Finally, have a window office. Loving it

Dog Owners' Liability Act (DOLA) Proceedings Civil Proceedings - If a dog bites you, you may bring a civil action against the dog's owner for damages. - The Act states that the owner of a dog is liable for damages resulting from a bite or attack and that liability does not depend on the owner's fault, negligence or knowledge of the propensity of the dog to bite or attack.... Proceedings under Part IX of the Provincial Offences Act (Part IX Orders or Part IX Proceedings) - DOLA provides that any individual can start a court proceeding under Part IX of the Provincial Offences Act (POA). - In these proceedings, an individual can seek a court order related to a dog. - These orders can provide for destruction of the dog or require that the dog's owner take certain measures in relation to the dog such as requiring that the dog be muzzled or leashed. Offence Proceedings under Part III of the Provincial Offences Act (Offence Proceedings) - Violations of various Ontario statutes, including DOLA, constitute provincial offences and may be prosecuted under the Provincial Offences Act. - After charges are laid, a Crown attorney presents the case in court. We have represented our clients in these proceedings and have been successful in obtaining a favourable resolution.

What happens if your personal possession is lost, stolen or damaged by the coat checker, valet parking, garage operator for the repair of vehicle etc? In law, the transfer of possession but not ownership of a personal property for a limited time or specified purpose is called Bailment. You relinquish temporary control of your property to another person. For example, a coat check is a bailment. You give the coat checker possession of your coat, and you no longer have any con...trol over the coat while it's in the checker's possession. Another example, if you've relinquished possession of your keys and cars to a valet or parking garage operator. In bailment transactions, the bailor (the person you give your possessions too) has a duty to take reasonable steps to care for your property. If you are in such predicament and need advice, feel free to call or email. DISCLAIMER: This article is distributed with the understanding that it does not constitute legal advice.

Know your rights as a consumer!

Under Ontario law, there is no cooling-off period for motor vehicle contracts, so be sure of your decision before you sign. In most cases, the contract will be binding. Read and understand the contract and bill of sale before signing. If you don’t understand something, ask questions. You can also try to negotiate terms and ask for amendments to the contract. Know your rights under Consumer Protection.

Unbundled services #draftingplaintiffsclaim #appearanceatsettlementconference #trial #smallclaimscourt #landlordandtenant #criminalcourtontario #trafficcourt# #ggparalegalottawa

#smallclaimscourtontario #ontariotrafficcourt #landlordandtenantboard #humanrightstribunal #ggparalegalottawa

A Federal Court justice has approved a class action settlement in a case brought on behalf of people who were denied employment insurance (EI) sickness benefits because they were on parental leave at the same time as their illness. Justice Catherine M. Kane approved the settlement Jan. 29. The representative plaintiff in the case was Jennifer McCrea, a Calgary woman who was receiving parental benefits after the birth of her son when she was diagnosed with breast cancer in 201...1. She then requested to switch to sickness benefits and was denied. The Employment Insurance Act had been amended in 2002 to allow for the stacking of maternity, parental and sickness benefits, but did not include a specific amendment to s. 18 of the Act to remove the requirement that a person seeking sickness benefits must be otherwise available for work. The suit argued the 2002 amendments were not implemented as intended to address the identified gap because those who became ill while on parental leave were still denied sickness benefits, and the government was negligent in its interpretation and administration of the Act by not allowing claimants to switch to sickness benefits.

.....Ottawa pay EI sickness benefits to as many as 2,000 new parents, mostly mothers, who were seriously ill during parental leave and denied the extra payments.

The new laws will give police officers the authority to demand breathalyzer tests from any driver they pull over. Previously, officers could only test drivers if they had a reasonable suspicion the person was impaired. Any driver who refuses to take the test can be charged. If you are stopped, just comply.

Impaired Driving Laws Impaired driving is the leading criminal cause of death and injury in Canada. In 2017, there were more than 69,000 impaired driving incidents reported by the police, including almost 3,500 drug-impaired driving incidents. Please visit Canada's impaired driving webpage for statistics, research, and more information on the dangers of driving while impaired....Continue reading

Clavette has fraudulently taken money from four clients, in Ottawa, where the work was started but never completed. Some victims were sub-contractors that Clavette hired to complete his own contracts but never paid them when they finished the work. Some contracts started in 2010. The total amount of money that has been defrauded is 44 330.46$

Even long after the Ontario government banned the door-to-door sales of a whole basket of household items: air cleaners, air conditioners, air purifiers, duct-cleaning services, furnaces, water filters, water heaters, water purifiers, water softeners, water-treatment devices and any combination thereof. People are unable to get rid off the bills from these company that’s tacked onto their Enbridge bill. Are you having the same issues? Let’s discuss.

A $490 fine and three demerit points is a hard lesson so #leavethephone alone, say city traffic officers who boarded a school bus Monday morning to spot violators.

Ontario law requires that all motorists have auto insurance. Fines for vehicle owners, lessees, and drivers who do not carry valid auto insurance can range from $5,000 to $50,000. If you are found driving without valid auto insurance, you can have your driver's license suspended and your vehicle impounded.... If you are convicted of driving without valid auto insurance, your insurance company may consider you a "high-risk" driver and charge you higher premiums or refuse to sell you insurance altogether. If you are injured in an accident while driving or occupying an uninsured vehicle: you may not be entitled to receive income replacement and/or non-earner benefits; and you may not be allowed to sue the at-fault driver for compensation as a result of injuries received in the accident. More importantly, if you are found to be at fault for an accident causing injury or death to another person, you may be held personally responsible for his/her medical costs and other losses. https://www.fsco.gov.on.ca//b/Pages/brochure_autoins.aspx

You have a property that is tenanted and you want to put it up for sale As a landlord, you have the right to put the property up for sale at any time. However, if you have entered into a fixed term tenancy agreement, then the sale cannot close until the end of the term agreed unless the buyer agrees to assume the tenancy. If you would rather have a sooner closing date, you should be prepared to negotiate with the tenant. Otherwise, the tenant can stay there until the end of ...lease term provided proper notice is given to end the tenancy. There are remedies available to the landlords under the Residential Tenancy Act. Your tenant is obliged to allow you to make the property available for a showing to a potential buyer provided 24 hours notice is given to your tenant, with a 4-hour window between 8 AM to 8 PM. Your tenant needs to secure any pets and can be in the property during showings but doesn’t have to be. The tenant cannot insist that the home to be shown only when he or she is present. What happens if your tenant does not allow you to show your property It is considered a material breach of the agreement by the tenant. You have the right to proceed to evict the tenant by submitting an application to the Landlord and Tenant Board. You can also sue the tenant for damages in connection with the delay in selling the property as a result of the breach. Tenant Rights A tenant cannot be evicted unless proper steps are taken pursuant to the Residential Tenancy Act. If a landlord sells or wants to sell, he cannot evict the tenant until and unless the lease has ended. Or if it is a month to month lease, 60 days notice must be provided. If the landlord sells the property before the end of the lease then he or she must ensure that the buyer agrees to continue the existing rental agreement. The buyer, as a new landlord, must then comply with the agreement and cannot unlawfully force the tenant out before the end of the lease. DISCLAIMER: This article is distributed with the understanding that it does not constitute legal advice. The contents are intended for general information purposes only and under no circumstances can be relied upon for legal decision-making. Please contact my office for advice on your best options or the Landlord and Tenant Board for more information.

Scheduled fee increases for September will not go ahead OTTAWA Ontario's Government for the People took the latest step to provide immediate relief for taxpayers and make life more affordable for Ontarians. Today, Premier Doug Ford and Minister of Transportation John Yakabuski announced that Ontario is freezing a number of driver fees that were set to increase on September 1, 2018.... "People are fed up with paying more and more every time they need to renew their licence or take a driving test," said Premier Ford. "This will make life more affordable for drivers right across the province. This is the latest example of our government putting money back where it belongs in the pockets of hard-working Ontarians." The following fees are being frozen to directly benefit Ontario drivers and businesses: Road and knowledge tests for all driver's licence classes. Fees to get and renew driver's licences.

Day 2 of Small Claims Trial today in Cornwall, Ontario. Would a homeowner get justice today for a defective job that ultimately caused her damages? #negligenceact #breachofcontract #justiceinontario #smallclaimscourtontario @gracegeorge0911

Will be at LTB from 12:30PM today dealing with 2 matters - persistently late rent payments and T2 application. #neverknowwhatyougoingtoget #landlordandtenantboard

New 6-Hour Parking Rule in Ottawa #ggparalegalottawa

Thursday 28 June - 1st day of trial. Day 2 - 27 July. A lot of time for the opposing party to prep for their examination. #smallclaimscourtontario

We are on social media #ggparalegalottawa

The peak of the Petronas Twin-Towers. 452 meters. Don’t be afraid to be ambitious about your goals. Hard work should never stop. Neither should your dreams.

At Ontario Human Rights mediation today : Did you know ? Employers should not terminate employment for poor performance that may be linked to a Code ground, unless they have provided Code-related accommodation to the point of undue hardship (see Section IV-8 Meeting the accommodation needs of employees on the job), and have provided a non-discriminatory work environment.

Definition of Small Claims court explained by Div Court in Laurentide Cabinet Corporation et al. v. Beyond Flooring ...... The reasoning of the Court flows like an eloquent syllogism. Section 53.2 of the Act states that a "court" may award relief, including damages, where there is a violation of the Act. A "court" is defined by section 52 of the Act as "the Federal Court or the superior court of a province". The Interpretation Act (Canada) defines the "superior court" as "i...n the province of Ontario, the Court of Appeal for Ontario, and the Superior Court of Justice". The Courts of Justice Act (Ontario) states that the "Small Claims Court is continued as a branch of the Superior Court of Justice ". Accordingly, the Divisional Court held that the legislation "establishes the Small Claims Court as the Superior Court within the meaning of the Trade-marks Act with the jurisdiction to hear actions arising under that Act that fall within the monetary limit of the Small Claims Court's jurisdiction." Such interpretation encourages the policies behind the Small Claims Court, such as alleviating the burden on the courts and parties and enabling parties to bring claims cost efficiently and expeditiously. See more

{IN THE NEWS} In a plan approved last week, the Ottawa Police Services Board will see 800 Tasers issued to front-line officers this year and next.

GG Paralegal Service - affordable access to justice. #civillitigation #smallclaimscourt #officesuite900_275SlaterStreet

Canada is cracking down on its distracted driving problem with the rollout of stricter laws that impose harsher penalties and heftier fines on guilty offenders. Such measures are more than necessary now, as distracted driving has claimed more lives than impaired driving in provinces like British Columbia and Ontario.

The Criminal Injuries Compensation Board (CICB). Their goal is to provide support to victims in a timely and compassionate manner. If you are a victim of violent crime in Ontario, you may be eligible for financial compensation. Victims can apply to CICB for compensation at any stage of the criminal justice process. You may be eligible if:... You have been injured as a result of a violent crime committed in Ontario. (e.g. assault, sexual assault, criminal harassment, etc.) You are caring for a victim of crime and suffered a loss of income or garnered expenses as a result of the victim’s injury or death. You are the dependant of a deceased victim (in the case of murder). You were injured while trying to prevent a crime or while helping a police officer make an arrest. Where appropriate, CICB can award compensation for a number of expenses, including: Medical, dental and therapy Funeral and burial Legal services Travel Pain and suffering Loss of income or support. For more information, including how to apply, please contact CICB at: Criminal Injuries Compensation Board 439 University Avenue, 4th Floor Toronto, ON M5G 1Y8 Tel: 1-800-372-7463 GTA: 416-326-2900 Fax: 416-326-2883 E-mail: [email protected] Website: www.cicb.gov.on.ca

I have successfully negotiated, settled and litigated in employment law matters before the Small Claims Court of Ontario.

Do you have a suspended driver’s license?

What's the difference between a lawyer and a paralegal?

Stopping at school crossings Where a school-crossing guard displays a red and white stop sign, you must stop before reaching the crossing and remain stopped until all people, including the school crossing guard, have cleared the entire roadway and it is safe to proceed. If you have any doubts about when it is safe to drive forward, wait until all the children and the guard have cleared the crossing. Drivers who don’t follow the stopping requirements may receive a substantial ...fine and get three demerit points. Fines Drivers will be fined $150 to $500 and 3 demerit points for offences at pedestrian crossings, and school crossings. Fines are doubled in Community Safety Zones, near schools and public areas. These areas are clearly marked with signs. For parents Show your children how to cross a road safely. Teach them to: 1. Stay to the side of the road, walking as far away from traffic as they safely can; 2. Stop at the edge of the sidewalk, and look both ways before crossing the road; 3. Take extra care on roadways that have no curbs; and 4. Watch out for blind corners (for example, a car coming out of an alley may not see a child pedestrian about to cross).