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Facilitator's Guide - Workplace Safety and Insurance Law Case Study (Late Evidence)

Opening Paragraph

It was 10 a.m. on November 9, 2018, and the hearing before the Workplace Safety and Insurance Appeals Tribunal (WSIAT) was about to begin.  Sam Andreou had just finished meeting with his client, the company’s owner, Paul Curran, to give him some bad news.  One of the company’s witnesses, Georgina Murphy, had called the night before to say that she had found the records Sam had undertaken to try and provide to the worker’s counsel when the appeal was filed in June 2017.  When Paul found out that the records had been discovered, he instructed Sam to “bury them.”

 
Objectives
  1. This case is intended for a study group discussion session on professional responsibility in Workplace Safety and Insurance Law.
  2. Participants will be expected to put themselves in the position of the lawyer/paralegal, Sam Andreou in the case and to identify and analyze the legal, professional, and personal challenges he faces.
  3. Participants will also be expected to develop alternatives and an action plan for resolving the issues in accordance with the lawyer’s/paralegal’s professional obligations under the Rules of Professional Conduct/Paralegal Rules of Conduct.
 
General References

Rules of Professional Conduct
  • Dishonesty, Fraud etc. by Client or Others, rr. 3.2-7, 3.2-7.1
  • Advocacy, Treat the Tribunal with Candour, r. 5.1-1
  • Advocacy, rr. 5.1-2(b), (e)
  • Disclosure Obligations, r. 5.1-3.1
  • Mandatory Withdrawal, r. 3.7-7
 
Paralegal Rules of Conduct and Paralegal Professional Conduct Guidelines
  • Dishonesty, Fraud etc. by Client or Others, r. 3.02(8)
    • Guideline 7, ss. 4, 5, 7
  • Duty to Clients, Tribunals and Others, r. 4.01(1)
  • The Paralegal and the Tribunal Process, rr. 4.01(5)(b), (c)
    • Guideline 12, ss. 5, 8
  • Disclosure of Documents, r. 4.01(6)
    • Guideline 12, s. 17
  • Mandatory Withdrawal, r. 3.08(5)
    • Guideline 12, s. 23
 
Suggested Discussion Questions
Assume that you are the lawyer/paralegal in this case and answer the following questions with reference to the relevant Rules of Professional Conduct/Paralegal Rules of Conduct:
  1. Would you follow Paul’s instructions? Why or why not?
  2. If Paul refuses to authorize you to disclose the records, how would you proceed?
  3. What obligation, if any, do you have to notify the tribunal of these records?
  4. Would you disclose the records to the opposing side?  Why or why not?