(Newmarket) -and MARIAN LIPPA

Transcription

1 BETWEEN: (Newmarket) SUPERIOR COURT OF JUSTICE Court File No. Background nineteen (19) years old. I first worked as an assistant in criminal practices in Toronto. Throughout my career in the field, T have been very dedicated to providing services and representing clients. Further, I am committed improving access to justice by offering my 2. 1 began working in the legal field as a legal assistant when I was approximately Vaughan. I have worked in the legal field for twenty (20) years in the Toronto and Greater Toronto Area. I have been a Paralegal Licensee of the Law Society of Upper Canada since In September 2011, I was hired as a Paralegal for the Federal Crown affidavit. Attorney in Newmarket, Ontario. For ease of reference I have added headings to my and live in Schomberg, Ontario, in the City of King. Until October 2011, I lived in 1. I am a licensed paralegal, and have been practicing since am 39 years old, 1, MARIAN LIPPA, of the City of King, MAKE OATH AND SWEAR: AFFIDAVIT OF MARIAN LIPPA Applicant MARIAN LIPPA -and Respondent HER MAJESTY THE QUEEN I

2 3. To that end I have always striven to excel in whatever capacity I worked, whether services at a cost-effective rate, and often working for clients pro-bono. My work as a Paralegal is more than a way of making money, it is a passion. remands, provided other services as well. I have been setting trial dates for counsel, as matters. I have also assisted clients in entering into s. 810 peace bonds. well as conducting Crown pre-trials and judicial pre-trials for summary convictions 7. In criminal matters specifically, I have in addition to appearing as agent for operating a walk-in legal office in Toronto. As well, at this time, I began appearing as agent in criminal matters for counsel in the Toronto area. My practice expanded, and in Upper Canada. comprised of myself, and two other paralegals, both Licensees of the Law Society of hired another paralegal to assist in my practice. Cuwently, Lippa Legal Services is cowl matters as a sole practitioner. I continued under the name Lippa Legal Services, 6. In 2007, 1 began providing services for traffic, landlord tenant and small claims finns and practices. Throughout the period of 1998 to 2007, 1 practiced as a Paralegal which is presently known as Lippa Legal Services. I assisted as a Paralegal and court agent for a number criminal law, Provincial Offences Court, landlord tenant and litigation under the supervision of counsel. 5. I began working as an independent Paralegal in 1998, starting my own business finns in Toronto through my career, including Bassel, Sullivan LLP and Gropper, corporate law offices. I was a senior law clerk at a number of medium and large sized Greenword LLP. I also worked for Toronto leading criminal lawyer, Marshall Sack Q.C.. 4. I have worked in criminal law practices, as well as real estate, litigation and education has been a very important component in my career. as an assistant in a law office, a law clerk and as an independent Paralegal. Training and 2

3 School of Business in 1994, and received honours. 8. I have completed a number of diplomas for law clerks and paraiegals. While Education working as a legal assistant, I completed a Legal Assistant Diploma at the Toronto of F.A.C.T. (Fathers Are Capable Too), a non-profit organization of providing support paralegals. I am a Director of the Paralegal Society of Ontario, [also served as a Director 1 3. In addition to practice, I am also involved in professional associations of a paralegal practice. In addition, I was also a speaker in the presentation Take Our Kids to Work at the Law Society in November practices for paralegals in summary conviction matters, professional conduct and advocacy, work in small claims court, and how to enter the paralegal field and managing continuing professional development seminars. I presented in programs including best 12. In 2010 and 2011,1 was a presenter in a number of Law Society of Upper Canada paralegals and law clerks. I act as a paralegal co-op sponsor and mentor for the Ontario paralegal college programs. Between 2006 and 2008, I was a law instructor for the paralegal course at Herzing College in Toronto. Specifically, I participated in developing the curriculum for the program. 11. I have also in recent years been involved in the training and education of other Court and Tribunal Agent Program (Paralegal). I also completed this degree with honours. Similarly, I went to class in the evenings, as I continued to work during the day. Throughout the period of 1998 to 2008, I attended courses at Seneca College for the 10. As I stated above, I began working as an independent Paralegal in my Law Clerk Diploma in 1998 with honours. the Institute of Law Clerks of Ontario, in Toronto. Throughout this period, I continued to work as an assistant and law clerk. Often I attended courses in the evenings. I completed 9. Next, between 1995 and 1998, I completed courses for a Law Clerk Diploma at 3

4 14. On June 10, 2010 I attended courtroom 205 at the Ontario Court of Justice in The Set Date Appearance before Justice of the Peace G.M.K. Forrest of June Member of the Licensed Paralegal Association of Ontario. to fathers in family court matters, especially custody and access issues. I am also a paralegals, as they were not called to the bar, were not permitted to sit past the bar and that in the future I was to sit in the body of the court and that counsel had precedence over paralegals. Specifically, the Justice stated that court tradition required that 19. Justice of the Peace Forrest essentially addressed me, as a paralegal, and stated recorded on the Information, the Justice of the Peace proceeded to make a number of comments which ultimately led me to bringing this application. Behan, the client stood behind me. Once the adjournment itself had been spoken to and 18. I addressed the adjournment as per my instructions from Mr. Charitsis. Ms. Jaclyn matter, and I approached the court and spoke to my matter. as was the practice to that point, I signed in to speak to my matter. Ms. Barnier called my 17. I attended prior to commencement of the 9:00am docket for courtroom 205, and the bar. and seven (6-7) individuals), there were nevertheless a number of unoccupied chairs past 16. Importantly, I recall that despite the number of counsel and agents (between six two (2) paralegals, including myself. The body of the court was fully occupied. I was being called, there were approximately four of five (4-5) other lawyers past the bar, and sitting past the bar amongst the lawyers and the other paralegal. The client of Mr. Charitsis, Ms. Behan, was present in the body of the court. 15. The Crown was represented by Elizabeth Ann Barnier. At the time of my matter presiding. and Rudy Covre. Justice of the Peace G.M.K. Forrest of the Ontario Court of Justice was Newmarket. I appeared as agent on two separate matters, for counsel Nicholas Charitsis 4

5 20. Ms. Barnier for the Crown stated on record, that she did not know whether the speak to matters prior to counsel. Further, the Justice remarked that as a result of safety reasons...we can t have counsel standing up all around the doors... with a client present. Outside in the hallway, following the appearances, Ms. Behan was distraught and expressed concerns that somehow her case was prejudiced by what had nevertheless worried and even appeared frightened. and that this had no bearing on her case. The client, perhaps understandably, was just happened. I had to explain to the client that the Justice s concerns were procedural 24. Further, I was embarrassed as an individual paralegal. I appeared before the court, years myself as well as countless other agents had appeared in this way before the Law Society, by being addressed in this way by the Justice of the Peace, since for many Ontario Court of Justice. and a court fully occupied by the public. I was offended as a paralegal and licensee of the 23. This entire exchange, as I noted above, occurred before a number of other counsel counsel be given precedence before the court. The Justice remarked that I may not have been aware of these traditions, but that for hundreds of years seating past the bar was reserved for counsel. 22. Justice of the Peace Forrest then remarked that court traditions required that court. Justice, and that now, as a Licensee I was given standing to appear before the Court on Summary Conviction matters. I stated that I was not aware that agents were not permitted any way. I stated that I had been appearing for many years before the Ontario Court of to sit past the bar, and that I would address the matter with the administration of the I provided the court with an apology, stating that I did not intend to disrespect the court in then proceeded to speak to the next matter. After this matter had been dealt with, stated that she called my matter as per the sign-in sheet. matter being called at the time (my matter) was a counsel or agent matter. Ms. Barnier 5

6 similarly ordered to sit in the body of the court, and only address his matter following counsel. This occurred in mid On that day in courtroom 205, Justice of the Peace vacate the area beyond the bar, and sit in the body of the court, or wait outside in the hail. Forrest commenced the proceedings by stating that all agents and paralegals were to 25. One of the paralegals working at Lippa Legal Services, Anthony Laurella, was provided by Lippa Legal Services. criminal matters represented, until late June of 2010, a significant portion of the services on my practice as a paralegal from a financial point of view. Court appearances for 29. In addition, the order of June 10, 2010 has had a significant and ongoing impact of the court with them. defended as wel] as if represented by counsel, when 1, to be blunt, have to sit in the body As a licensed paralegal, I am often confronted with clients who feel they are not being that theft interests have been hurt somehow, because they were assisted by a paralegal. 28. As my own experience on June 10, 2010 illustrates, the client may be left feeling or with the same diligence as counsel, when they appear with a paralegal. is the public effect of the order that is more significant. Members of the public who are regulated, professionals, the effect of the order is to bring our work and services as treated this way, especially those who have been appearing before the courts for years, it before the courts may feel that somehow theft interests are not being protected as well as diminished the view of paralegals as a profession before the courts. As trained and, now paralegals into disrepute. Although it may be personally insulting to paralegals to be 27. To begin with, the order and more importantly the actual incident, I feel have incident and the resulting order of June 10, 2010 have affected me personally as a a number of ways. In addition to the practical and fmancial effects on my practice, the 26. Since the order of Justice Forrest, my practice as a paralegal has been impacted in Effect of Justice of the Peace Forrest s Order of June paralegai and advocate for my clients. 6

7 am often waiting in court to do a routine set-date for over an hour regardless of when I has declined sharply. Because agent matters are now called following counsel matters, I 30. After the order of June 10, 2010, however, my ability to provide agent services A commissioner, etc ian Lippa dayofmarch2ol2, ) Sworn before me at the ) :9 City of Toronto,this )fr1/1/.1 two other licensed paralegals can attend to in a day. courtrooms now take up so much time, there is simply fewer matters that myself and the criminal court appearances it did prior to June This has had a significant impact on my business as a paralegal. Because appearances in the Ontario Court of Justice remand 33. As a result, Lippa Legal Services is no longer capable of handling the volume of of the bar to wait until called. set date matters because of the long waiting times as the court will no longer permit our effective to have lawyers appear on set dates, and now, many paralegals will not attend to cases to be heard ahead of lawyers. Also as in this case we cannot even be above the gate 32. As well, in speaking with the defence counsel whom I assist, they say that access to justice for their clients has been diminished. That is because it is most often not cost secured a date with the Trial Coordinator, and then by the time all counsel matters have been dealt with, the Court often takes the morning recess. Effectively, an appearance continuously end up spending up to three (3) hours on one matter. By the time I have which before took perhaps up to one half-hour of my day, can now take up three hours. thai dates or other dates that require attending directly at the Trial Coordinator s office, I 31. I am no longer able to set as many trial dates for counsel especially. When setting one day, simply because I am prevented from travelling to as many courthouses in time. arrive at the courthouse. As a result I can no longer do as many set-date appearances in 7

8 (Superior Court of Justice) COURT OF ONTARIO *3 r,m.rrrz:, 1AR Q 2612 Counsel for the Applicant Toronto, Ontario FAX: (416) Suite 1000 M5H 2K1 TEL: (416) Richmond St. W. BACKSHEET (Cñniisiai Proceedings Rules, Lt&L. :J Bster & Solicitor ANTHONY MOUSTACALIS W.R EO fei E 2 Fonn3) MARIAN LIPPA AFFIDAVIT OF MARIAN LIPPA (Applicant) - and - (Respondent) HER MAJESTY THE QUEEN Court File No.