You are an independent paralegal

You are an independent paralegal. You have been approached by Pam Okker, who wants to sue her neighbour, Lew Hoad, in Small Claims Court, for building a fence that is inside her property line. She produces a recent survey that shows that the fence was, in fact, constructed five inches inside her property line. She wants it torn down.

You draft and issue a plaintiff’s claim, requesting an order that the fence be torn down. Hoad, who is unrepresented, states in his defence that the fence was built in accordance with local bylaws, and with Pam’s knowledge and consent.

While in court one day on another matter, you get into a conversation with another paralegal, Martha Kenison. You mention Pam Okker’s case in general terms. Martha laughs and says, “Small Claims Court has no equitable jurisdiction. You can’t get an order for that kind of relief in Small Claims.”

You go back to your office and look up equitable relief in a legal dictionary. You also check the Courts of Justice Act. Martha is right—in Small Claims Court, you cannot ask for an order that the fence be torn down.

You decide to advise Pam to settle her claim against Lew Hoad. If Pam will not take your advice, you will cease representing her.

What professional and ethical issues arise in this situation?