McKenzie Legal Services

08/22/2023

09/26/2020

UPDATE: here is a link to the shell of a group to connect those interested in helping:

https://www.facebook.com/groups/2734200030180104/?ref=share

*EDITED TO ENSURE NOT OFFENDING PEOPLE*

To Paralegals AND lawyers in my network: Many legal professionals practicing in the Small Claims Court lack appropriate mentorship, guidance, education or maybe motivation which results in many mistakes in the courts and handling cases. Consistent mistakes I see resulting from this issue, specifically in Small Claims Court, is: improper naming of a corporation; overlooking applicable defences; misunderstanding of evicidence rules (example hearsay is permitted in Sm.CC but not SCJ, some lawyers don’t know this and bring motions to exclude witnesses on that basis); not treating Sm.CC cases as if they were SCJ cases (only real difference from a competence, representation expectations and advocacy standpoint is a few “0’s”); lack of legal research or knowledge of the applicable Rules and common law tests that apply to the remedy sought; not being properly prepared or competent in the field; etc. The list goes on. So I am thinking of creating an association called “Ontario Small Claims Court Advocates Assoication”. The idea is to have me as President, and find like minded individuals who have the same level of professionalism, experience, knowledge, passion etc as I and form the initial board of directors - who will be vetted extensively to make sure the first board is the best possible board. This group and board would include lawyers, Paralegals, articling students - anyone who practices in Small Claims Court. This would be the first association with both lawyers and paralegals working together to better the Small Claims Court process for everyone. We would have “Small Claims Court Niagara Region” and “Small Claims Court GTHA” etc as committees within the organization. We would provide mentorship, education (CPDs). We would Educate the Public and focus on access to Justice by reducing incompetence or inexperience in the courtroom which would reduce the resources allocated by the courts for unnecessary motions or Trials etc I would need help designing a mission statement, budget, fundraisers, sponsorships, discounts for members, organizing CPDs, designing a business plan, all pro bono but for a great cause. Who is in?

07/20/2020

Ontario’s courts will resume in-person proceedings Monday after being shuttered for months due to the COVID-19 pandemic.The Ministry of the Attorney General has said courtrooms will reopen gr…

07/05/2020

I have been preparing a blog / article on the topic of racism and discrimination (showing many of the pressing issues equate to a humanitarian problem.. hoping to post my blog in the coming weeks).

Our biases can be dangerous, even deadly — as we've seen in the cases of Michael Brown in Ferguson, Missouri, and Eric Garner, in Staten Island, New York. Diversity advocate Vernā Myers looks closely at some of the subconscious attitudes we hold toward out-groups. She makes a plea to all people: ...

07/05/2020

This is an incredible message for every organization or team to hear.

02/05/2020

I posted a few weeks ago about a successful motion and an opposing counsel who would not shake my hand. On February 3, 20/0, I attended court again with the same counsel on the same file but this time I had been shown respect, as it should have been the first time we met. It taught me a valuable lesson which is best phrased as “don’t argue with a fool, nobody will be able to tell the difference”. I could have, two weeks ago or yesterday, confronted opposing counsel or I could have held a grudge and been immature about it. Instead, I was professional, civil and respectful, at all times. My letters may have had a slight assertive undertone but otherwise, I took the higher ground. This restraint allowed us to come to a mutual agreement about the route this case will take in coming to its ultimate resolution. This wouldn’t have been possible if we were to have been bickering or in some sort of p—-ing war. So folks- play nice, be professional, civil and respectful at all times, even when you wish so badly to stoop to the level of your opposition. It will only benefit you and your client in the long run.

01/18/2020

It was suggested by a colleague and good friend that I post about a nice “win” on a motion on Thursday which I attended as his agent. It was something that made me slightly embarrassed for the other side. I decided to make the post about professionalism and manners instead of about winning the motion, $500 costs to the cause after 1.5 hours of back-and-forth oral submissions. The issue should have simply been consented to, saving everyone (including the court’s) time and money. The response to the motion was more properly an issue for the Trial judge (which was what was ultimately ruled). What saddened me was the lack of manners and professionalism from opposing counsel. So I would like to remind everyone of a few basics:

(1) when you meet someone for the first time and they extend their hand and provide their name, it’s customary to respond by shaking their hand, introducing yourself and maybe, look up from your crossword or phone to acknowledge their existence. It’s the professional thing to do.

(2)win or lose, shake your colleagues hand. “Nice to meet you” is something I say. You can come up with your own. The case isn’t personal, it’s our job, our duty, to advocate for our client’s best interest, win or lose. When the judge rules, we go back to being colleagues not enemies.

(3)Your clients best interest comes first. Was it best to spend time preparing, researching, printing, copying, tabbing and binding your materials or if you step back, and ask yourself, do the issues or concerns I plan to raise in response affect my client’s best interest? Can this be brought up at a different time, without prejudice to my clients as to avoid an additional court attendance? From there, is it worth it for my client to spend $600-$1500 to oppose a motion, with no guarantee of winning or recovering costs? If so, proceed to oppose, if not, Consent.

These should be common sense and practice but sadly they are not.

11/26/2019

Are you interested in learning the basics of litigation? Do you want to know what a Deputy Judge sees as the common mistakes in Small Claims Court cases? Attend via Live Webcast or In-Person. Not available on December 16, 2019? Register for the Live Webcast and I will provide you with the .mp4 after the event for viewing at your leisure. Worried about your budget? Don’t let money get in the way - contact us to discuss options for discounts to fit your budget. We don’t want anyone to miss out on the Litigation - Basics, Common Mistakes, Tips & Tricks seminar simply due to timing or finances.

I am extremely excited to be organizing and hosting “Litigation - Basics, Common Mistakes, Tips & Tricks”. December 16, 2019 from 9:00-5:00pm at Osgoode Hall’s Donald Lamont Learning Center (and via Live Webcast) you have an opportunity to learn about the basics of litigation, common mistakes and how to overcome or avoid them. You would be hearing from me (Paralegal with 10 years’ experience in Litigation) and the wonderful Deputy Judge Robert Besunder (amongst his list of impressive qualifications and experience, he was appointed as a Deputy Judge 13 years ago). Whether you are simply interested in litigation, studying law, practicing law or self-represented in Small Claims Court, you won’t want to miss this event!

You can register on my website at http://mckenzielegal.ca/cpd-event or through eventbrite (https://www.eventbrite.ca/e/litigation-basics-common-mistakes-tips-tricks-tickets-82880127693)

There are discounts for groups and students.

If you have any questions, let’s chat!

I look forward to seeing you all there! #

McKenzie Legal Services is hosting a CPD event you don't want to miss! The excellent, experienced, panelists will speak to the attendees about the basics of litigation, common mistakes and how to avoid or correct them. Attend in person or via webcast, just don't miss your chance to register. The pan...