Paralegals and Tribunal Practice and Procedure, 3e

Irv Ash     

Captus Press, ISBN 978-1-55322-297-2 (2016)
606 pages, 1210 g, 8 X 10, $62.00 (US$49.50)
 

This book was written for Paralegals and everyone else who may be involved in an administrative tribunal (agency, board, or commission) to better help the reader understand the basics of administrative law and then to use such knowledge to understand the practices and procedures of a number of tribunals. It is meant to provide a template for paralegals and others to look through a tribunal’s website and pick out and interpret key documents needed to understand the practice and procedures of such tribunal. The final result should allow the reader to be prepared to appear before any tribunal and understand the steps necessary to present an effective ‘case’ to the tribunal.

 

To assist the reader, the book starts with an overview of administrative law, focusing on the principles flowing from procedural fairness followed by a partially annotated version of the Ontario Statutory Power Procedures Act, and then a brief discussion of good advocacy skills from three different sources working in the tribunal world.

 

Part II of the book starts with a preamble looking at clustering in Ontario tribunals and then consists of four chapters looking at various Ontario tribunals (the SBT, the ARB, the HRTO, and the LAT, of which the focus is on the Automobile Accident Benefits Service (AABS)), all are important areas of employment for licensed paralegals in law firms and in sole practice. Each chapter first looks at the enabling legislation for each such tribunal, then the documents that set out the practices and procedures, including the rules and forms with a discussion of some case and decision law, if accessible, relevant to the tribunal, followed by some relevant documents provided in the appendix to each chapter. The cases and decisions are discussed and in a few situations briefed to focus the reader on the importance of cases and decisions in helping a tribunal make an appropriate and fair decision in a matter.

 

Part III consists of a chapter on the federal CHRT using the same template as used in the Ontario tribunals in part II in order to provide a reader with a comparison between federal and Ontario tribunals.

 

 

Table of Contents   top

Part I     General Principles

1     Basic Concepts of Administrative Law

2     The Statutory Powers Procedure Act in General

3     Advocacy before Administrative Agencies

 

Part II     Selected Ontario Agencies

How to Deal with Selected Ontario Agencies and Clustering of Agencies

4     Social Benefits Tribunal

5     Assessment Review Board

6     Human Rights Tribunal of Ontario

7     The Licence Appeal Tribunal - AABS

 

Part III     Selected Federal Agency

How to Deal with a Federal Tribunal

8    Canadian Human Rights Tribunal

Click here for a detailed table of contents.

Instructor Resources   top

Comprehensive teaching aids for instructors are available including:

  • PowerPoint slides
  • Solutions to questions in the book.

Visit the Instructor's Resources website

Related Resources   top

About the Author   top

Irv Ash has a B.A. from the University of Toronto, an LL.B. for the University of Windsor, and after starting teaching, he obtained an M.A. from Central Michigan University.

 

Professor Ash is a native-born Torontonian but was a lawyer in Calgary, Alberta, for six years in the 1980s.  Returning to Toronto after an around-the-world trip, he served as a corporate executive for seven years with various companies, including a role as VP at Cineplex Odeon Corporation. After nine years part time teaching at Ryerson University and various Toronto colleges, he decided that teaching is his true profession. He has been a full-time professor at Seneca College since 2001 and has taught administrative law courses amongst other courses for many years.

 

Publications by Professor Ash include “Administrative Law” and "Structure of the Canadian Government" in Introduction to Law in Canada, a popular multi-author textbook edited by Laurence Olivo and published by Captus Press, and two study guides on corporate law and corporate procedures for Chartered Secretaries Canada.  In 2008, he worked closely with the Society of Ontario Adjudicators and Regulators on the extensive revamp of the training materials for the five-day Adjudicators Training Course offered to all new adjudicators of Ontario agencies. The course materials have since been used to the praise of the participants. 

 

Professor Ash has been happily married to Irene Borins since 2000 and, in addition to assisting with her work, they have co-authored a book entitled Aging is Living: Myth-Breaking Stories from Long Term Care (Toronto: Dundurn Press, 2009). He loves playing tennis and enjoys watching movies.