question archive a) According to Paralegal Rules of Conduct (https://lso
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a) According to Paralegal Rules of Conduct (https://lso.ca/about-lso/legislation-rules/paralegal-rules-of-conduct), which rule has the paralegal violated under these situations:
1) The paralegal promise to win the charge but unable to achieve
2) The paralegal threaten the client to pay him his fee
3) Paralegal refused to attend the hearing for his own interest (ex: going out for picnic)
b) In Canada, under what section of the Provincial Offences Act that states what the court can do to enforce the payment?
c) How to deal with a fatal error in the ticket of the charge in the Provincial Offences Act
B) Section 29
C) Section 18.3
The answers are as explained below
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Step-by-step explanation
1)The paralegal breached Rule 2.02 of the Paralegal Rules of Conduct . He failed to fulfill an undertaking after giving one, which he couldn't fulfill.
2) Rule 2.03 of the Paralegal Rules of Conduct on harassment. The rule provides that a paralegal shall not engage in any form of harassment of a colleague or client. He abrogated this by threatening the client.
3) Rule 3.02 of the Paralegal Rules of Conduct on providing courteous, thorough and prompt service to clients. He failed this by failing to attend a hearing for his own interests - going for a picnic.
b) Section 29 of the Provincial Offences Act provides that the court may prescribe conditions it thinks proper with respect of the payment of expenses caused to the defendant. This leaves the court with the discretion of providing conditions and timelines as to the payments.
c) Section 18.3 of the Provincial Offences Act provides that in case of a defective ticket, the defendant make an application within fifteen days after becoming aware of the defect to have the conviction struck out for the reason that the ticket leading to the conviction was defective. The rationale is to ensure that everyone is give a fair trial and no right are abused in the administration of justice.