Frequently Asked Questions (FAQ’s)

General:

QUESTION: Do you guarantee you will win my case?
ANSWER: We do not warrant the outcome of any court matter. There are many variables that are outside the control of the paralegal that can impact the outcome. We do commit to work with you to obtain the best possible result.


QUESTION: Will you take my case on a contingency matter; so you get paid when I win?
ANSWER: We offer competitive hourly and package rates so we do not take cases on a contingency basis. We will give you the best possible paralegal service to represent your interests. We have great success in the small claims process; but we can make no guarantee on the outcome.

QUESTION: How much will your services cost me?
ANSWER: Each matter is unique. Our fees are based on an hourly rate plus disbursements. An action can often settle before trial, which will lessen the legal costs. The more complicated the case, the more time that will be needed to prepare your documentation and properly represent you. It is not possible to predict how much a court action will cost.


QUESTION: How are the fees paid and calculated?
ANSWER: Our fees are based on an hourly rate plus any disbursements that have been incurred on your behalf such as: court filing fees, process server fees, mileage (outside of GTA and Edmonton), corporate searches, etc.


QUESTION: Will I have to pay up front?
ANSWER: You will be required to enter into a Retainer Agreement and pay a Retainer Fee. You will be invoiced for our services as we proceed and those amounts will be deducted from your retainer fee. If required, you will be asked for further retainer fees as determined by how much work is remaining.


As licensed paralegals we are required to keep a trust account into which all retainers are deposited and held until invoices for work are completed, and issued.

Paralegals

QUESTION: Why should I use a paralegal?

ANSWER: No one likes to go to court, but Precision Paralegal can help you prepare your best case:


  • Knowledge of the court process
  • Understanding of the appropriate law
  • Skills to recognize and articulate the merits of the case
  • Ability to analyze and identify the options
  • Wisdom to understand the value of settlement vs. trial

Paralegals are generally less expensive than lawyers.

QUESTION: How does a paralegal differ from a lawyer?

ANSWER: Paralegals and lawyers are both licensed by the Law Society of Ontario. Paralegals are not necessarily graduates of Law School and are restricted to practicing in fields such as: small claims court, traffic tickets, landlord/tenant matters, WSIB claims, and various boards and tribunals.

QUESTION: Why should I hire a paralegal instead of representing myself?

ANSWER: Paralegals are experienced in the field in which they practice. This experience will enable them to present your case in the most effective way for success.

QUESTION: What should I consider when I hire a paralegal?

ANSWER: Is the paralegal licensed by the Law Society of Ontario? (You can check this by contacting the Law Society or checking their on-line directory.) Verify the paralegal is practicing in the field in which you need help. How long have they been practicing and where? If a paralegal has been practicing in the same city or town for a number of years, it suggests stability.

QUESTION: If I start the process myself, can I still retain a paralegal?

ANSWER: Yes. We ask that, if you are going to retain us on a matter you have already commenced, that you do so with enough time for us to adequately prepare and ensure all of the required time lines are met.

Small Claims Court

QUESTION: How long from start to finish?

ANSWER: The average small claims court action, from the time that the claim is filed with the court until the trial date is set, is approximately one year.

QUESTION: Will I have to attend Court if I hire you as my legal representative?

ANSWER: You are required to attend at the Settlement Conference and at the Trial. We will attend with you as your legal representative and address the Court.

QUESTION: I have obtained a Small Claims Court Judgement now how do I get my money?

ANSWER: Small claims court has a number of different enforcement options that you can use. If you require legal assistance, then a paralegal can do it for you. It is helpful if you can provide the debtor’s address, place of business, and other personal information.

QUESTION: Am I allowed to represent myself in Small Claims Court?

ANSWER: Yes, a person can represent him/herself in Small Claims Court.

QUESTION: If I do represent myself, is there anywhere that I can get information on how to prepare?

ANSWER: Information on how to navigate the small claims court is available either directly from the Small Claims Court itself or by visiting the Ministry of Attorney General’s web-site.

Landlord and Tenant Board

QUESTION: My Landlord has told me I have to be out of my apartment in 14 days, is that true?

ANSWER: A landlord must have an order from the Landlord and Tenant Tribunal before a tenant can be legally evicted.

QUESTION: My tenant is consistently in arrears in his rent payments, what can I do?

ANSWER: You must take action as set out in the Residential Tenancies Act. The process takes time and it is important that you begin it at the earliest possible time.

QUESTION: My tenant vacated the apartment without notice and several months remain on the tenancy agreement, how can I get my money?

ANSWER: You must file a claim in the small claims court. Once a tenant has moved out you cannot bring an application against that tenant before the Landlord and Tenant Tribunal.

QUESTION: The Landlord and Tenant Board ordered my tenant to vacate the unit and pay me $5,000. The tenant has moved out but has not paid me the money, what can I do?
ANSWER: You must have the tribunal order filed with the small claims court. You can then use the enforcement procedures of that court to collect your money.


QUESTION: Am I allowed to represent myself in front of the Landlord and Tenant Board?
ANSWER: Yes, a person can represent him/herself in front of the Landlord and Tenant Board.


QUESTION: If I do represent myself, is there anywhere that I can get information on how to prepare?
ANSWER: Information on how to navigate the Landlord and Tenant Board is available either directly from the Landlord and Tenant Board or by visiting the Ministry of Housing web-site.


QUESTION: If I start the process myself, can I still retain a paralegal?
ANSWER: Yes. We ask that, if you are going to retain us on a matter you have already commenced, that you do so with enough time for us to adequately prepare and ensure all of the required time lines are met.