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Working With the LaW

Immigration Consultants Gain Respect
By Peggy Buchan, LLB

Winter 2009

The Law Society of Upper Canada (LSUC) failed in its bid to oust the Canadian Society of Immigration Consultants (CSIC). Instead, affirmation was given to both immigration consultants and their new regulatory body by the Federal Court of Appeal this past summer. Immigration consultants have a valuable role to play in representing immigration applicants and refugee claimants before the various decision-makers that make up our immigration and refugee system, acknowledged the court in LSUC v. Canada (Citizenship and Immigration), 2008 FCA 243. CSIC, a non-profit federal corporation, was created in late 2003 after an advisory committee concluded that unscrupulous immigration consultants were defrauding clients with impunity. Changes to the regulation under the Immigration and Refugee Protection Act (IRPA) delegated authority to CSIC to take on the task of regulating the profession weeding out the unethical, and setting standards for competence. This authority was challenged in court by the LSUC on several grounds, all of which were rejected. The court held that there was no concern about institutional bias due to start-up funds being transferred from the Minister of Citizenship and Immigration to CSIC; that there was no concern about undermining solicitorclient privilege in the event that an immigration consultant working for a law firm was investigated by CSIC; and that the regulation under the IRPA does permit sub-delegation of regulatory power to CSIC. Changes to the way law is practised, and by whom, have brought significant changes to the college curriculum in this past year.

Paralegals are now regulated by the LSUC, and colleges have scrambled to align their courses with the LSUC competencies. Emond Montgomery continues to work in partnership with colleges and faculty to finetune our texts to ensure that all your curriculum learning objectives are addressed. We are working hard to address your concerns and make your job easier. We are also very proud to introduce our new comprehensive text Canadian immigration and refugee Law for Legal Professionals, by Lynn Fournier-Ruggles. Lynn teaches Immigration and Refugee Law at Seneca College, while also working on her Masters Degree in Law and Public Administration. She has toiled many hours to bring you this new book designed to teach your students what they need to know to meet the CSIC requirements.
Contents Immigration Consultants Gain Respect . . . . . . . . . . . . . . . . . . . . . Author Interview: Patricia Knight . . . . . . . . . . . . . . . . . . . . . . . . . Paralegal Accreditation Grid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Queens Park Update . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Daves Corner Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Author Interview: Patricia Knight

By Dave Stokaluk
Patricia Knight is a professor and coordinator of the Paralegal Program at Sheridan College Institute of Technology and Advanced Learning. She is also the author of two books by Emond Montgomery Publications ethics and Practice Management for Paralegals and Small Claims Court: Procedures and Practice. She has an impressive and prolific background teaching legal courses which have included Small Claims Court Practice; Evidence; Introductory Computer Skills for Paralegals; Principles of Legal Writing; Civil Trial Advocacy; Tort, Contract, and Business Law; Software Applications for Paralegals; Case Law Research and Legal Writing; Residential Tenancies Law; Provincial Offences; Debtor and Creditor Law; Interviewing Skills; Real Estate; Civil Litigation; Family Law; Corporate Law; Entrepreneurship; Business Law: Opportunities, Practice and Application; Accounting for Paralegals; and Practice Management for Paralegals. I recently had an opportunity to ask Professor Knight a few questions about paralegal studies in todays community colleges. What are your challenges and demands as a paralegal coordinator and professor at Sheridan? The challenge is to stay ahead of the technology (and the students who are ahead of their professors on the technology). This is also what makes the job interesting. Using smart classrooms, WebCT Vista, and other online resources enhances teaching for me and learning for the students. Sheridan seems to have been one of the pioneers in implementing an accredited paralegal program. Sheridan was the second program in the GTA, and the third in the province, to be accredited by the Law Society to provide the paralegal curriculum in the province. The rigorous standards set by the Law Society for the accreditation process made it an extremely useful program audit. Our curriculum was improved by the process, and our students will benefit from those What challenges do students face in preparing for licensing, and are they prepared for the real world upon completion of the program? Any student who has successfully completed an accredited diploma college program will have no problem passing the Law Societys licensing exams. As far as real world goes, college programs have always been designed to prepare their graduates for the real world. That is why high school graduates, university graduates, and mature students from diverse backgrounds enroll in college programs in order to get real jobs. What role does a good core text serve in the classroom? Affordable textbooks with a practical, real-world emphasis are essential in the community college learning environment. Emond Montgomerys contribution to the college textbook market has been invaluable. Patricia Knight is currently at work on a second edition of Ethics and Practice Management for Paralegals that will be published in 2009.

Emond montgomErys

high standards as they move into the workplace.

Working With the LaW

Publisher . . . . . . . . . . . . . . . . . . . D . Paul Emond Editor . . . . . . . . . . . . . . . . . . . . . . Dave Stokaluk Design and Layout . . . . . . . . . . . . . Janie Smith Contributor . . . . . . . . . . . . . . . . . Peggy Buchan Marketing . . . . . . . . . . . . . . Christine Davidson

PUBLiSh What YoU teaCh

Do you teach from your own original material? If you think that this material may be transformed into a published text, and that other instructors and students may benefit from it, give us a call. We are always looking for new authors for our college publications program. To discuss a specific proposal or to contribute a feature article to this newsletter, contact us at 416-975-3925 or 1-888-837-0815. Thanks. Paul Emond President Emond Montgomery Publications Limited
EMOND MONTGOMERYS WORKING WITH THE LAW WINTER 2009 2

Emond Montgomerys WWL: Working With the Law is published periodically by

emond Montgomery Publications 60 Shaftesbury Avenue Toronto, Ontario M4T 1A3
tel . 1-888-837-0815 or 416-975-3925 fax 416-975-3924 email info@emp .ca

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Paralegal Accreditation
With many Ontario community colleges now having paralegal programs accredited by the Law Society of Upper Canada (LSUC), and many more with applications pending, Emond Montgomery is ready with supporting texts. We are committed to publishing more new texts and new editions in 2009 that are specifically tailored to the LSUC competencies. The grid below matches up the LSUC competencies with Emond Montgomery texts. Please let us know if you would like to order a review copy, or to access our online faculty resource materials.

PARALEGAL COURSE/TEXT GRID

PARALEGAL COURSE NAME Administrative Law Advocacy Alternative Dispute Resolution EMOND MONTGOMERY TEXT

Administrative Law: Principles and Advocacy Advocacy for Paralegals NEW! Art and Science of Mediation Conflict Resolution: An Introductory Text Theory and Practice of Representative Negotiation Communication/Writing Communications for Legal Professionals Interviewing Skills for Legal Professionals Legal Research: Step by Step, 2nd Edition Working in a Legal Environment Criminal Law/Summary Conviction Procedures Criminal Law and Procedures for Legal Professionals forthcoming 2009 Martins Annual Criminal Code, 2009 Student Edition Employment Law Employment Law for Business and Human Resources Professionals Ethics and Professional Responsibility Ethics and Professional Practice for Paralegals, 2nd Edition forthcoming 2009 Evidence and the Litigation Process Rules of Evidence: A Practical Approach NEW! Civil Litigation, 2nd Edition Immigration and Refugee Law Canadian Immigration and Refugee Law for Legal Professionals NEW! Introduction to the Legal System Introduction to Canadian Law, 2nd Edition Legal Accounting Working in a Legal Environment Legal Computer Applications Working in a Legal Environment Legal Research and Writing Legal Research: Step by Step, 2nd Edition Working in a Legal Environment Practice Management/Operating a Small Business Working in a Legal Environment Ethics and Professional Practice for Paralegals, 2nd Edition forthcoming 2009 Provincial Offences/Motor Vehicle Offences Provincial Offences for Paralegals forthcoming 2009 Residential Landlord and Tenant Law Working with the Residential Tenancies Act, 2nd Edition Small Claims Court Small Claims Court: Procedure and Practice NEW! Torts and Contracts Canadian Business Law Fundamentals of Contract Law, 2nd Edition Tribunal Practice and Procedure Administrative Law: Principles and Advocacy
EMOND MONTGOMERYS WORKING WITH THE LAW WINTER 2009 3

Queens Park Update

By Peggy Buchan, LLB
acquisitions, emond Montgomery and Part-time Faculty, Seneca College

Several new developments out of Queens Park are of interest to legal professionals. Here are a few highlights.

E-Laws Are Official

E-laws are now official, as of November 30, 2008. Downloads of statutes and regulations from the e-Laws website at www.e-laws.gov.on.ca are official sources of law, as are print-outs from the site. Statutes and regulations will be kept up-to-date within two business days, and available for free to anyone with Internet access. I am reminded of my law librarians mantra UPDATE, UPDATE, UPDATE! and the fear and dread it instilled in law students back in the day. That onerous task is now much easier, accomplished with a click of a mouse.

The rationale behind the new legislation is that plaintiffs will be placated and may even just go away. Or, at least, the level of conflict will be reduced and the case will settle more quickly and efficiently, as psychological wounds are given a chance to heal.

Family Law Reforms

A few small but not insignificant changes are slated in Bill 133, the Family Statute Law Amendment Act, including: The valuation and sharing of pensions between divorcing spouses will be made simpler. Pension plan administers can be asked to provide valuations for a fee prescribed by regulation. Also, payout to a spouse can be made directly from the plan itself, rather than calculated as part of the equalization of net family property. Adding teeth to restraining orders by allowing for prosecution under the Criminal Code. Annual financial disclosure by child support payers will be automatic, relieving the onus on recipients to go after it.

Small Claims Upped to $25,000

As of the first day of 2010, the limit on small claims will be increased from $10,000 to $25,000. This is great news for newly regulated paralegal professionals, who will likely see a corresponding increase in their small claims court files. With the aim of increasing efficiency and reducing legal costs, the government has also introduced 25 significant changes to the Rules of Civil Procedure, including the following: Raising the limit for Simplified Procedure from $50,000 to $100,000; Requiring advance timelines for disclosure; and Limiting pre-trial discovery to one day, unless a court approves more. Also new is the introduction of the proportionality principle that requires civil court judges to put their minds to striking a balance between what is at stake in a particular case, and the time and expense it justifies. In other words, a dispute over $10,000 should not cost $20,000 in combined legal fees and an additional $20,000 to the taxpayers for access to the justice system.

OK to Be Sorry
To apologize or not to apologize. That is the question many defendants have asked themselves, but it may soon be a risk-free endeavour. If passed, the proposed Apology Act will protect apologizers from having their expressed regrets used against them in a court of law. Many defendants have resisted the natural human inclination to apologize in the face of anothers pain, due to dire warning from lawyers that this could be construed as an admission of liability.

Looking Ahead
It will be interesting to see how the family law bench deals with the stock market crash. Ontario courts will face difficult cases where the date of separation occurred shortly before the 2008 crash. Ontarios inflexible statutory formula may dictate equalization payments well in excess of current market value. Will the Ontario legislature soon take a page from British Columbia, where fairness is a statutory factor when calculating equalization payments?

EMOND MONTGOMERYS WORKING WITH THE LAW WINTER 2009

By Dave Stokaluk It has been a while since my last column in the WWL newsletter, and I want to start by telling you how happy I am to be back at Emond Montgomery. It is great to be back home again, working with the extraordinary staff at EMP. In my new role as Sales Manager, Higher Education, I will be as visible a presence to you as I was in my previous role with the company. You will continue to receive regular updates from me on new products, and of course you will see me from time to time at your college. As always, you may contact me at any time with text and instructor resource matters, and any new ideas you may have about how we can improve our products and service. I look forward to assisting you once again. Our highly acclaimed Working with the Law series continues to set the standard for high-quality, fairly priced college legal texts. The series has special relevance to college legal courses, especially those developed for paralegal programs that have recently been accredited by the Law Society of Upper Canada. In fact, several colleges have informed me that they will be dealing exclusively with us for their paralegal text requirements. We also continue to develop new books and new editions for the full-time law clerk, legal assistant programs and the Institute of Law Clerks of Ontario (ILCO) program. Just this past fall we created a new custom text for the ILCO litigation course. I also want to remind our readers who teach in Business, International Business, and Human Resources Management programs about our ever-growing number of titles that support courses for these programs. Although the texts focus on legal themes, they avoid legalese, and are written in a clear and succinct language that your students will understand. These affordable books are tailored to support one-semester courses in both full-time and continuing education programs. I will provide more details about this years new publications in the coming weeks. I also want to remind you that I am here to help you in any way I can with your classroom text needs. Feel free to contact me. My office door is always open; my computer is always on. Highlighted on the following pages are some popular winter semester texts that may be of special interest to you. Best regards,
Small Claims Court: Procedure and Practice is the first text of its kind to present a step-by-step guide to Ontario Small Claims Court procedures for paralegals. Legal principles and procedures are illustrated with cases, tables, and forms; client relationships, retainers, client files, and billing are also examined. The book presents a focused view of the trial procedures, summoning witnesses, courtroom etiquette, rules of evidence, direct and cross-examinations, and other pre-trial processes. The instructors guide provides the answers to end-of-chapter review questions and useful teaching tips and strategies. (See our feature article on Patricia Knight on page 2 for more information.) Debtor-Creditor Law and Procedure, 3rd edition has been thoroughly updated in response to changes in the law, procedure, and practice in this area: most notably in areas such as residential tenancies, bankruptcy, and the Rules of the Small Claims Court. DeeAnn Gonsalves has teamed up with lead author Larry Olivo for this new edition, and their combined experience as classroom instructors has enabled them to present this somewhat daunting subject matter in a clear, accurate, and student-friendly way. The third edition includes new material on searches, with a particular emphasis on various online searches, as well as extensive revisions in the area of Small Claims Court practice and procedure. New sections have been added to the text in the areas of consumer proposals, construction liens, the Personal Property Security Act, and commercial tenancies. As its title suggests, Working with the residential tenancies act, 2nd edition by John Dickie and David Lyman reflects the newly reenacted Residential Tenancies Act, 2006. The book has now become a mainstay text for the Landlord and Tenant law course in paralegal programs. The text provides up-to-date information and annotations on the new Act, including an easy-to-use table of differences and a table of concordance comparing the new Act with the previous Tenant Protection Act. An instructors guide is also available.

Dave Stokaluk Sales Manager, Higher Education 416-975-3925 ext. 234 dstokaluk@emp.ca

EMOND MONTGOMERYS WORKING WITH THE LAW WINTER 2009

Working in a Legal environment is not only an essential text for legal assistants and law clerks; it also acts as an excellent foundational text for paralegal studies. This student-friendly text provides an abundance of needto-know procedures and examples of systems in a real law office environment. This two-colour book includes screenshots of a wide array of electronic legal documents, ledgers, computer filing systems, and law-related web pages. The fully loaded instructors guide is now available and includes an answer key, supplemental learning activities, test bank, PowerPoint presentations, and PowerPoint lecture notes. Please contact me to request online access to these resources. ethics and Practice Management for Paralegals by S. Patricia Knight has now had a successful classroom run over several semesters and has become the text for ethics courses in paralegal programs. When the book was originally published two years ago, the Law Society of Upper Canadas (LSUC) standards were not quite completed. We will be updating the book accordingly with a second edition in 2009. The books practicebased scenario approach prepares paralegals for real courtroom interaction. (See our feature article on Patricia Knight on page 2 for more information.) the theory and Practice of representative negotiation was published last year, and was intended as an undergraduate university text. Much to our delight, we recently discovered that the book is a very good fit for the ADR paralegal course. In fact, we are now receiving orders for the book, and, in response to this, we have produced a topquality set of instructors resources including scenario-based PowerPoints, instructors charts for planning and grading assignments, and negotiation simulations. Please let me know if you are teaching an ADR or negotiation course and I will send along the book and resources. Dont forget about our other two books in this area art and Science of Mediation and Conflict resolution: an introductory text.

Canadian Business Law by the Business Law Group and Legal aspects of international Business: a Canadian Perspective, 2nd edition by Mary Jo Nicholson provide you and your students with streamlined and affordable texts for business law and international business law courses. Both books provide clear, practical, and engaging examples of business law that are relevant to business students studying at both college and undergraduate university levels. Please contact me for more information about these essential texts and their accompanying instructors resources.

Due to demand from our friends in British Columbia and Alberta, we recently published the first western Canadian version of one of our bestselling HR texts employment Law for Business and human resources Professionals: alberta and British Columbia. The new book, and the original Ontario-based version by Kathryn J. Filsinger, are now essential texts for Employment Law courses in Law Clerk and Paralegal courses, as well as HR Management courses. The newest addition to this mini-series of great HR texts is our just published occupational health and Safety in ontario. The new book provides the essential elements of occupational health and safety using a thorough and straightforward approach. The numerous appendixes provide regulations, guidelines, safety data sheets, WSIB injury forms, and much more. Please contact me to obtain a copy of the book and the new instructors guide.

CUStoM teXtS
If you have a publishing idea or suggestion, please let us know. Remember that we offer a custom text option as well. Give me a shout and Ill explain the process in greater detail. I am available to assist you throughout the school year. Please do not hesitate to contact me either by email (dstokaluk@emp.ca) or by telephone at 416-975-3925 ext. 234 or toll-free 1-888-837-0815.

EMOND MONTGOMERYS WORKING WITH THE LAW WINTER 2009

rules of evidence: a Practical approach is another essential text for the Evidence course offered in Paralegal programs. This exciting new text identifies the importance of the rules of evidence in the adversarial system, and examines the many facets associated with courtroom procedure and processes, including: roles of judge and jury; trial process and appeal; admission and exclusion of evidence; burden of proof and standard of proof; principles of evidence and basic threshold tests for relevance and materiality; evidence techniques such as testing for compellability and competency from examination to cross-examination to re-examination and much more. The book includes end-of-chapter review and discussion questions to facilitate active learning, and includes an instructors guide that provides the answers to review and discussion questions, as well as teaching tips and strategies.

advocacy for Paralegals by Arlene Blatt and JoAnn Kurtz will be published in February 2009. It is completely congruent with the newly accredited paralegal advocacy courses, and maintains the same tradition of our other great paralegal texts in this series. The new book demonstrates advocacy and how it relates to paralegals in the trial process, and provides step-by-step explanation of the litigation process, and the courtroom experience in Small Claims Court, Provincial Offences Court, and various tribunals. It delves into the many stages of a trial, including examination of witnesses, using exhibits, objections, and much more. It also includes practical examples and tables, such as how to prep for an assessment hearing (see page 8 for an excerpt from the book on Tips on Completing Forms in Small Claims Court). Contact me if you would like advance electronic copy of the book, or simply to request your desk copy of the published text. advanced Corporate Business transactions and advanced Corporate Legal Procedures, although initially published for ILCOs corporate law courses, are also now being used in full-time law clerk corporate law courses as well. The books offer an abundance of relevant material that will help corporate law students successfully manage large corporate transactions. The books clearly explain the steps of filing and preparing incorporation-related documents, with examples of corporate documents, and the organizational tools used in corporate law firms. Lead author Elizabeth Gillis has recruited several practising corporate law clerks and lawyers to better convey the subject matter. Instructors guides are available for both texts. Civil Litigation, 2nd edition is one of the most anticipated new Working with the Law texts for 2009. The previous edition gained bestseller status, as professors and students alike proclaimed it the only text that provides such a clear picture of this complex subject. Since publication in 2003 (and the revised version in 2006) our authors, Laurence Olivo and Mary Ann Kelly, listened carefully to feedback received from faculty and students. New sections have been created in the second edition to acknowledge the forthcoming reforms to the civil court system to be implemented in 2010, and the chapter on Motor Vehicle Insurance Claims in Ontario has been pulled from the text and will instead be made available online. The text should be available in March 2009, so please reserve your desk copy today!

I am pleased to announce that the Institute of Law Clerks of Ontario (ILCO) has now come on board with Canada Law Books ontario annual Practice for their fall term litigation course. I also worked closely with their education committee lasr summer to develop iLCos Litigation Supplementary Materials. We have done our best to keep the prices of both books as low as possible for the students $49 for OAP, and $20 for the supplement. Both books may be ordered through our website by your students.

In addition to the above-mentioned new books for the ILCO associate level courses, the education committee has adopted our residential real estate transactions, 3rd edition for next terms real estate course. The authors have just about completed the material for the new third edition, which will be published in early 2009. The new book will be even more congruent to ILCOs learning outcomes, and will include better and increased coverage of Teranet Electronic Land Registration, and much more.

EMOND MONTGOMERYS WORKING WITH THE LAW WINTER 2009

Law Society Accreditation

Congratulations to those colleges whose paralegal programs have recently received accreditation by the Law Society: Algonquin Careers Academy; Durham College; Humber Institute of Technology and Advanced Learning; Westervelt College. Our authors and staff have been working hard to ensure that our paralegal texts meet the Law Society competencies. Please let us know what else we can do to make your teaching experience a positive one, and help launch a new generation of professional paralegals.

On the Horizon 2009 and Beyond

Administrative Law: Principles and Advocacy, 2nd Edition Advocacy for Paralegals Corporate and Commercial Law Criminal Law and Procedures for Legal Professionals Civil Litigation, 2nd Edition Ethics and Professional Practice for Paralegals, 2nd Edition Family Law: Practice and Procedure, 3rd Edition Introduction to Customs Administration and Procedures Legal Research: Step by Step, 3rd Edition Ontario Annual Practice 2009-2010 Provincial Offences for Paralegals Recreation Law Residential Real Estate Transactions, 3rd Edition Wills and Estates, 3rd Edition

From Arlene Blatt and Joanne Kurtz, Advocacy for Paralegals (2009)

EMOND MONTGOMERYS WORKING WITH THE LAW WINTER 2009