Questions & Answers
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Do you take any case?
No. We carefully consider each individual case before deciding whether or not we are able to assist, and if litigation is advisable. We consider client’s best interests, first and foremost. Not every case should be litigated, and not every case should proceed to trial or a hearing. For example, even if you are likely to win a lawsuit against a defendant, it may not be advisable to commence litigation if the person has no assets or income and enforcing a judgment after expending legal fees would be impossible. We evaluate each individual case on its own merits, and provide our legal opinion to the clients on the appropriate course of action.
Do I need legal representation?
While many litigants choose to represent themselves, it is advisable to retain competent legal representation to ensure compliance with various procedural deadlines, as well as any applicable limitation periods, and to understand the substantive legal issues in a case. Effective preparation for a trial or hearing almost always requires a deep understanding of statutes and case law that most self-represented individuals do not have experience with. Having an experienced and knowledgeable legal team on your side, could make a difference in the results you obtain.
Do I have to pay upfront fees?
Are there taxes on top of fees and disbursements?
Yes. We are required and we do charge HST (13%) on all of our legal fees. Some disbursements are also subject to taxes.
Is my case worth pursuing?
The quickest answer to that question is, “It depends.” We cannot answer this question until we speak with you and determine all of the issues, understand your ideal resolution, and evaluate whether or not we can actually achieve that resolution. We pride ourselves on being transparent and candid and will let you know the potential risks and rewards associated with your legal matter.
How can I save on legal fees?
We encourage our clients to organize their information and documents in a clear, concise, dated timeline, prior to sending us the information. This will minimize the amount of time we spend on reviewing the information and/or preparing it for future evidence briefs.
Clients are also invited to contact us by one of the two methods (telephone or email) instead of both calling and emailing about the same issue, thus saving money on the time it requires us to listen, read, and respond to your message.
As your case progresses, questions will arise and we welcome your questions. We encourage our clients to prepare a list of questions and submit them in a single email (if possible) to save on time it requires us to read and respond to multiple email messages.
What is the difference between a lawyer and a licensed paralegal?
Licensed paralegals who were not “grandfathered” into the profession are required to attend an accredited Ontario paralegal licensing program at a college or university, complete one licensing examination, and complete a period of practical training supervised by an experienced lawyer or licensed paralegal prior to obtaining their licence. They are authorized to provide legal services relating to actual or intended proceedings in any federal or provincial administrative tribunal (such as the Landlord and Tenant Board and Human Rights Tribunal of Ontario), Small Claims Court, and the Ontario Court of Justice for certain criminal and quasi-criminal prosecutions. They cannot appear in higher courts or give advice outside of the context of an actual or intended legal proceeding, such as drafting contracts unrelated to legal proceedings.
Both lawyers and licensed paralegals are required to be members of the Law Society of Ontario, must pass the same good character test to receive their licenses, and complete twelve hours of continuing professional development hours each year.
Gobin & Leyenson LLP has both a lawyer and licensed paralegals available meaning that we are a law firm and there are no restrictions on our firm’s authorization to provide legal services.