Test:
- What type of letter – retainer
- Elements in the letter
o Did you mention your fees, scope of practice
- Do it in with a set of facts
- Short answer
o Can you name 3 things of this – identify
- Letters
o One you have to clean up
o One, here is info, draft a letter with the info
- Chapter 3 – know the rules of professional conduct with tone, civility and professionalism – 2, 7
o Other than that, any other legislation will be given on the test
- We are using the CPA as our law in this class
- A: rewrite a letter – read instructions perfectly
o Highlight question – letter head, email, currior
o Highlight where the problems are
- B: given info and asked to write a particular type of letter
o Go into ch. 3 style
o So when looking at not very good letter, know what to change
o ID the kind of letter, what should be in this letter
o Retainer, administrative, non-engagement letter
- Law we use: consumer protection act
o Generally, know it is about – codifying contractual remedies and granting new ones
- Cooling off period – remedy in the CPA
- CPA: consumers in Ontario and certain kinds of transactions
o If meet all of those, within this certain transaction, have to read the act within that
- When does the 10 day cooling off period: start – have agreement in your hands or services have
started to be provided
- Drafting: bloc and open punctuation
- Content: diff kinds of letters and the elements they should be there
- Have elements of style in your sheet
Chapter 5: Legal Argument
What is a Legal Argument? (p. 106)
- A conclusion based on a coherent set of reasons intended to persuade.
o Present a position – have a statement – breach of contract
o Give facts, the law, do they match – lining up between facts and law
o To conclude in a principle, reasoned way
- Paralegals must develop effective legal arguments to persuade:
o Judges
o Adjudicators and other decision makers (in tribunals)
o Opposing advocates and parties
Want to negotiate through persuasion
Sometimes have to persuade your client on best way to go
Structure of a Legal Argument (pp. 106–109)
- I → Issue
o The legal problem
o Framed with “Whether” and a question
o Whether they have been negligent, whether there has been a breach of contract
o Can have more than one issue – is there anything else
- R → Rule
o The law – legislation (statutes and regulations) and case law (common law)
o If there is a statute, how have judges treated it
- A → Application
o Apply the rules to the facts in the case to get an answer to the question
o This is why it should come out this way your honor
o And this is why we get this answer after applying the rule
- C → Conclusion
o The answer to the question in issue
Preliminary Steps
1. Understand the Facts
2. Research and Understand the Applicable Law
IRAC
• Issue—statement of the legal issue.
• Rule—statutes, regulations, precedents, etc.
• Application—apply the rule(s) to the facts.
• Conclusion—identify the outcome resulting from the application.
Consider the fact scenario in Figure 5.2 on page 107. – TEST example
- Signed up for a gym membership, but then later wanted to cancel it
- Consumer protection act applies to certain consumers and certain kinds of transactions
- Sam – consumer under the act
- Applies to certain transactions – personal service contracts
- Statute is a policy response to the possibility that the corporations when contracting may have
an advantage
- So want to protect consumers
1. Even if you are a consumer when sign it and have the right transactions, the act applies when
the whole value of the contract must be at least $50 – threshold
2. Cooling period is 10 days – clock starts as consumer for personal service contract either on day
you get the agreement in your hands, or the day the services begin
- What is the remedy now?
o He can get his money back within 15 days
- Issue: does the CPA apply to this case – can Sam rely on the CPA to get his money back from the
gym BigTown?
- Rule: CPA – must be consumer, must be this kind of transaction, threshold of $50, 10 day period,
when does it start
- Apply: does the rules fit to the situation? – he is within the 10 day period, it is over $50, it is
actually $180?
- Conclusion: yes Sam can get his money back
- Also go through page 110 for TEST
Tips for Developing an Effective Legal Argument (p. 112)
- Must present your legal arguments as effectively and persuasively as possible.
- Some suggestions include:
o Deal with one issue at a time
o Address counter-arguments
o Use point-first writing
- Complete Exercise 5.1 on page 113.
Page 113 – 5.1 Exercise on Plagiarising and Good Character
- Look at the past case on page 114 – 5 components to inform a good character
- Issue: “Whether or not Mr.Ballock meets the requirements of a good character as according to
the LSO
o Also whether his application should be considered to have his licensed approved
- Rule: Section 27(2) of the Law society Act in accordance to the case of Armstrong v law Society
of Upper Canada 2009
- Application: take the 5 components and line them up to the facts -
o Nature of misconduct – plagerised essay, how often – 2 times
o Remorseful – yes he was
o Rehabilitative efforts – took 9 counceiling sessions – were they successful – yes since
professor agreed his acedic habits changed – went to centre to get help with writing
o Conduct since misconduct – very community oriented and good
- Conclusion: it is my clients conclusion that he meets all requirements as seen in section 27(2)
- Weakness of argument: should have disclosed the 2nd offence in the first place – during the
same year as the 1st – could say his actions have changed
Exercise 5.2 (p.114)
- Issue: Whether the act applies to this transaction – are we under this act?
- Rule: Consumer Protection Act, 2002, SO 2002, c 30, Sch A, Consumer Protection Act, 2002, O
Reg 17/05
- Application: Is this a consumer transaction – yes
o In Ontario – yes
o No exceptions apply
o Based on the definition section, we are
o If give you legislation – will give you what you need
o Highlight consumer (KIM), supplier, consumer transaction
- Conclusion: based on the application of the definitions, the act does apply to this transaction
Chapter 6: Writing Letters
Topic: Writing Letters
- Types of Letters
- Format
- Layout and Style
- Structure and Content
- Writing Strategies
Types of Letters (p. 118) - TEST
Types of Letters:
- Retainer letters – give to client saying they retain your service for x amount of money (money)
o Retainer agreement – contract – terms of agreement
o Say what you have been retained for, fees, disbursements (partner charges 600,
associates charge 300)
o Withdrawing representation – they can fire you and if they ask you to do something
illegal, you can withdraw from them
- Non-engagement letters – opposite of retainer
o When someone tries to get you, but they cant because you are bogged down
o To be careful – thank you for meeting with me, and sign here noting you did not retain
me, here are 3 names of others.
o If say: I cannot act for you, look to see if something needs to be done
o Say you need to pay attention to these trial dates
o Give client information you need and tools to gain help
o They need to understand you are not acting for them
- Reporting letters
o Just an updating letter
o Where you are in the case, if you went to court and what happened
o Final reporting letter – when finishing case, what happened, saying case is complete
o Make the letter tailored to the individual
o TEST: Elements: page 132
- Opinion letters
o Legal advice you are going to provide to the client – the advice they will rely on
o Set out why you are writing, I am relying on this information, check it for accuracy and
completeness
o Rely the facts in a simple format – point form
o Applicable – here is why I am writing, these are the laws I am looking at and this is why I
am looking at these laws
- Demand letters
o Requesting something to do, not do
o Who you represent, what they are asking for, and why they are entitled to it
We asked for this before, we produced an order, give the date
Spell things out
- Administrative or informative letters
o Telling your client information – Be at this court on this day
o Point first writing
Audience/Recipient: (Tone)
- Client
- Opposing advocate/party
- Court/Tribunal
- Other third parties
Format (p. 119)
Three Different Style Formats:
1. Modified block (Figure 6.2)
2. Semi-block (Figure 6.3)
3. Full block (Figure 6.4) TEST
a. Flush to the left, ragged on the right
b. Bold, all caps for headings
c. Letterhead can be centered
Two Different Styles of Punctuation:
1. Mixed punctuation (Figures 6.2 and 6.3) TEST
a. Have a colon and then a comma
b. Ex, Dear Sir: Yours Truly,
2. Open punctuation (Figure 6.4)
a. No punctuation
Layout and Style (pp. 123 to 128)
Structure and Content (pp. 129 to 130)
General Structure (Body of Letter)
1. Introductory paragraph
2. Middle paragraphs
3. Closing paragraph
Writing Strategies (pp. 131 to 147)
- Letters to Clients
o Retainer letter
o Non-engagement letter
o Reporting letter (Figure 6.6)
o Opinion letter (Figure 6.7)
o Administrative or informative letters
- Letters to Opposing Parties or Opposing Legal Representatives
o Demand letter (Figure 6.8)
o Administrative or informative letters (Figure 6.9)
- Letters to Other Third Parties
o Authorization and direction (Figure 6.10)
6.7: draft a demand letter
WEBER AND BOZEK LLP
1450 The Pond Street E, Suite 75
Toronto, ON M8H 4H9
TEL. 289-866-0813
FAX 416-988-9769
October 9, 2019
BY COURIER
121 Orchard View Lane, Unit 605
Toronto, Ontario M8P 2L2
Dear Mr. Wilfred Buttle:
RE: Collection of Rent Arrears
File No. 18-9866
I have been retained by Mr. Jeffery Barry for the above matter above.
I understand that Mr. Barry signed a one-year lease with you six months ago, for a
monthly charge of $1,750.00 plus utilities. I also understand that as of today, you have
not paid your rent for the past three months. Mr. Barry is requesting that you pay rent
arrears of $5,250.00 immediately.
According to the Residential Tenancies Act, 2006, SO 2006, c 17, Mr. Barry is entitled
to terminate a tenancy before the end of the lease term if a tenant fails to pay rent owing
under a tenancy agreement.
Please pay the last three month’s rent of $5,250.00 to Mr. Barry immediately by sending
a cheque to his home address. If I do not hear from you by Wednesday, October 16,
2019, my client will serve you with a Notice to Terminate a Tenancy for Non-payment of
Rent.
Yours Truly,
Weber and Bozek LLP
Ciara Weber
Licensed Paralegal
