Coverage

A Plan Member may choose to use any law firm for legal services provided by Registered Paralegals or Lawyers. The Plan covers expenses for services rendered by Registered Paralegals or Lawyers up to the limits specified below, and a calendar year maximum of 30 hours of legal service per insured participant.

"A" REAL ESTATE

"B" DIVORCE AND DOMESTIC PROCEEDINGS

"C" PREVENTIVE LAW

"D" NON-COMPLEX LEGAL DOCUMENTS

"E" WILLS AND ESTATES

“F" LANDLORD AND TENANT MATTERS                                                                                         

"G" CONSUMER AND PERSONAL PROPERTY LAW

"H" CIVIL LITIGATION (Defendant)       

"H" CIVIL LITIGATION (Plaintiff, Plan Member Only)

"I" GOVERNMENT PROGRAMS AND ASSISTANCE

"J" INSURANCE RELATED MATTERS 

"K" AUTOMOBILE RELATED MATTERS        

Descriptions

"A" REAL ESTATE

A Plan Member and/or their dependent spouse shall be provided with legal assistance in connection with the sale or purchase of a family dwelling, which shall be used by the Plan Member's family as a dwelling place; the purchase of a lot on which to build a family dwelling (provided a building permit is issued within I year) and the purchase of a vacation property. Assistance in the arrangement of new or renewal of mortgage is also covered under the Plan insofar as they relate to the principal family residence. A Plan Member and their dependent spouse shall not be entitled to assistance in connection with commercial or income producing property. Maximums include one (1) sale, one (1) purchase and one (1) new or renewal of mortgage in any 12 month period. Vacation property shall be limited to a lifetime maximum of one (I) purchase. Benefits relating to the sale, purchase, mortgage (new or renewal) or discharge on vacation or recreational property are limited to a lifetime maximum of one (I) per Plan Member.

"B" DIVORCE AND DOMESTIC PROCEEDINGS

The Plan Member and the Spouse of the Plan Member (i.e., the Spouse of the Plan Member in respect of whom the contributions are being made for coverage under their Plan) shall be entitled to representation in connection with any matrimonial or divorce proceedings. Representation of the Plan Member and Spouse shall include preparation of a separation agreement, filing a petition of divorce or separation and all other acts necessary for terminating the relationship, establishing the custody of the children and effecting an equitable distribution of property. If proceedings are non-contested the Spouse of the Plan Member will be encouraged to seek the advice and consultation of separate counsel. In the event of a contested divorce where the services exceed the limit of the Plan, the Law Firm may assess a separate fee upon prior mutual agreement of the parties and the Plan will only be responsible for the maximum allowable amounts as herein set out. Cheques for legal services for a Plan Member's dependent in divorce or separation matters will be mailed directly to the dependent or the dependent's lawyer.

"C" PREVENTIVE LAW

Each Plan Member and their eligible dependents shall be entitled to receive legal advice by telephone or direct office consultation on any problem that the Plan Member believes to be of a legal nature.

"D" NON-COMPLEX LEGAL DOCUMENTS

Legal documents which are not deemed to be excessively complex will be prepared for the Plan Member and their eligible dependents.

"E" WILLS AND ESTATES

Plan Members and/or their spouses shall be entitled to have prepared what is commonly regarded as a Simple Will (i.e. a Will which does not include the creation of any trust or other estate). A Plan Member and/or their spouse shall, for the duration of membership in the Plan, be entitled to the periodic review and amendment of all testamentary instruments, including the preparation of revised Wills and Codicils not to exceed one revision in any 12 consecutive months.

“F" LANDLORD AND TENANT MATTERS

A Plan Member, as Lessee, shall be represented in connection with any claims or controversies arising out of a tenant lessor - lessee relationship in respect of their apartment or dwelling. Proceedings in which the Plan Member and/or their eligible dependents are the landlord will not be a covered benefit under this Plan.

"G" CONSUMER AND PERSONAL PROPERTY LAW

A Plan Member and their eligible dependents shall be entitled to legal representation in connection with any claim against a manufacturer, distributor or retailer for defects in any merchandise, article or service or in a recovery on any warranty given in connection with the sale of merchandise, article or service, where such claim is in excess of $100.00. The Plan shall not be obliged to litigate on any claim unless the dollar value shall exceed $300.00.

"H" CIVIL LITIGATION (Defendant)

A Plan Member and their eligible dependents shall be represented in connection with any civil action or civil administrative proceeding in which the Plan Member, Spouse or Dependent is named as a defendant or respondent provided that such representation shall not exceed twenty (20) hours in a calendar year. The Plan shall be under no duty to provide legal representation to a Plan Member or their eligible dependents where representation is provided for under statutory programs. Plan Members shall be required to pay any disbursements in connection with such defensive litigation including the costs of discovery, witness fees, etc.

"H" CIVIL LITIGATION (Plaintiff, Plan Member Only)

A Plan Member shall be represented in connection with the filing of a civil or administrative action for and on behalf of the Plan Member in connection with any material injury to person or property for the deprivation or injury of any constitutionally or statutorily guaranteed right, any right conferred at common law or for the adjustment of any grievance both recognizable and actionable in either law or equity. No representation shall be available under this item for any action that is either non-meritorious, calculated to be vexatious only, or a non-material or non-consequential nature or would be contrary to Public policy. In the event any damages are recovered or some form of monetary claim effected, the first $4,000.00 excluding damages for property replacement and/or medical expenses of any such recovery shall be free of any assessment by the Plan for legal costs expended on the Plan Members behalf. The Plan shall be entitled to recover any legal costs expended on behalf of the Plan Member from costs awarded by the court and from any monetary settlement in excess of $4,000.00

"I" GOVERNMENT PROGRAMS AND ASSISTANCE

A Plan Member shall be entitled to legal representation on behalf of themselves or their eligible dependents in any matter requiring legal assistance arising out of disputes or appeals with Social Assistance or Employment Insurance. A Plan Member shall be entitled to legal representation in matters of immigration on behalf of himself or his dependents, or on behalf of any other relative who the Member has directly sponsored immigration into Canada.

"J" INSURANCE RELATED MATTERS

Plan Members and their eligible dependents shall be represented in connection with any claim against his insurer (except for benefits provided by the Teamster Construction Benefit Trust Fund or benefits provided by a contributing employer to this Prepaid Legal Fund) by reason of failure to provide or pay the benefits as contracted for or to render advice in the interpretation of any policy provision.

"K" Automobile Related Matters

Plan Members and their eligible dependents shall be represented in connection with the some automobile related events. Coverage includes such items as; Civil Actions (re; Auto Accidents), Damage and Personal Injury, and Uninsured Motorist (in the capacity of a passenger or as an insured driver).