Exclusions
The following services are excluded from coverage under the Plan:
- Disbursements, retainer fees, court costs, filing fees, land transfer taxes, registration fees, including mortgage registration fees, G.S.T.;
- Title searches and survey fees;
- Fines and penalties, whether civil or criminal;
- Any judgment for damages, including judicially awarded costs;
- Any proceedings or dispute involving an Employer or their Officers, Agents, Representatives or Employees;
- Any proceedings or dispute involving the Union, its Officers, Agents, Representatives or Employees; Any proceedings, including Appeals, arising under the Ontario Labour Relations Act or any other statute that relates to labour relations or terms and conditions of employment, including but not limited to W.S.I.B., Employment Insurance, the Occupational Health and Safety Act or the Ontario Human Rights Code in matters involving the Employer;
- Any dispute involving this Plan, the Benefit Plan or any other Plan or Trust Fund provided by a contributing Employer or a Teamsters Local;
- Matters involving election to any public office;
- Non-personal legal services (i.e.: any business-related matters);
- Any controversy between a Member and his/her spouse or any dependents, apart from divorce, separation or annulment.
- No service shall be provided that will violate Public or Statutory Law;
- Any case in which defense or other legal representation is provided through insurance or other indemnification;
- Action instituted prior to becoming a Plan Member or civil actions requested to file arising out of pre-existing conditions. Exceptions may be waived by the Board of Trustees;
- Class actions or interventions or amicus curiae filings in any suit or controversy among other parties not involving the immediate and direct interest of a Plan Member;
- Any case in which defence or other legal representation is provided through any government agency, which will represent a Plan Member without charge;
- Any representation required by reason of any acts committed, or acts which a Plan Member omitted to perform, giving rise to tort, negligence, or criminal claims;
- Court appearance in connection with small claims involving an amount less than $300;
- Stale dated claims which were incurred over 24 months prior to their submission;
- Legal services in excess of 30 hours in any calendar year.