Canadian Lawyer

How are these two things different? A s Ontario paralegals lost their bid to sit past the bar in courtrooms, another recent decision considered whether measurements of their competency should be subject to the same standard as lawyers. Ontario Superior Court Justice Bruce Durno considered the question after an appellant in R. v. Bilinski accused his paralegal of deficient service to the extent that the guilty verdict in his case was in doubt. Janusz Bilinski, who was facing an assault charges, argued since the Law Society of Upper Canada regulated paralegals, "a person retaining a paralegal should now receive the same representation, as though he or she had retained a counsel," according to the ruling. Durno dismissed Bilinski's argument, emphasizing that the differences between paralegals and counsel remain. "There remains a clear distinction between the representation that an accused person is entitled to when they retain a lawyer versus when they retain a paralegal," wrote Durno. The judge also said the LSUC has not promised equal representation by lawyers and paralegals. Durno's June 14 decision preceded a ruling by Ontario Superior Court Justice Michelle Fuerst that found a justice of the peace's order barring paralegals from sitting past the bar in court doesn't constitute discrimination. Justices of the peace have jurisdiction over what they'd like to see happen in their courts, said Fuerst. The application, brought by paralegal Marian Lippa, also sought a reconsideration of the order in which the court calls matters. Lippa took issue with a judicial officer's order to hear matters brought by senior counsel before those of paralegals. Although Fuerst said such an arrangement isn't always appropriate, she didn't see a breach of natural justice or the Charter of Rights and Freedoms in the preference for that particular order. John Tzanis, president of the Paralegal Society of Ontario, says an arrangement that makes paralegals wait until all lawyers finish their matters before they can go ahead is neither fair nor efficient. "A lot of paralegals are charging much less than lawyers are. Having to wait all day to complete a five-minute matter and being paid 80 bucks or 100 bucks or something nominal to wait all day long while lawyers who are making $400, $500 an hour . . . are getting heard right away and can get back to their offices and make more money," he says. "Our entire day is blown in one minor matter," adds Tzanis, who says the paralegal society is "disappointed" with the outcome of the Lippa application. According to Tzanis, an order of call that makes paralegals wait until lawyers finish their matters is akin to telling poor litigants to wait until the court has addressed their rich counterparts. If the law society and the Ministry of the Attorney General don't work to smooth out the issue, Lippa will likely appeal the decision, he says. — Yamri Taddese yamri.taddese@thomsonreuters.com News Feed Top 5 Civil Appeals Lerners' June, 2013 Appeal Netletter is out! Check out the video! lernersappeals.ca/ netletters/40/ Eva's Initiatives Lerners gives $1 to the featured charity on our facebook page for every "Like"! July was Eva's Initiative. Check back each month for a new featured charity and like our facebook cover page at facebook.com/lernersllp Be Careful How Close You Get: Louis-Guy Lemieux had taken her own life, was arrested and charged seven months later. Larochelle, who presented eight separate grounds for appeal before the Quebec appeal court, says he will narrow the focus in his petition before the Supreme Court. He says technical questions of law he will raise involve directives by the judge to the jury about how to consider Former judge Jacques testimony from a ballistics expert for the Delisle will seek leave to defence who argued suicide was plauappeal his conviction. sible, comments during the trial by the Crown Larochelle argues were "inflammatory and unfair," and the question of whether the first-degree verdict by a jury of eight men and four women was reasonable. Delisle is incarcerated in a maximum-security facility in Sainte-Anne-desPlaines, Que. – KL The risks and pitfalls of a non-unionized company having too close a connection to a unionized company. Jennifer Costin provides her insight in her newest blog. http://bit.ly/15qRFIJ www.CANADIAN www.lerners.ca L a w ye r m a g . c o m erners_CL_Aug_13.indd 1 august 2013 9 13-07-16 2:50 PM

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