Legal Counsel

Job Purpose

• Liaise with the Inspection, Claims, Complaints, Legal, and Investigation Departments in preparation and carrying out prosecutions under the Travel Industry Act, 2002 (TIA).
• Draft Notices of Proposal and other related materials and represent the Registrar and the Board of Directors before the Licence Appeal Tribunal.
• Represent TICO before the Ontario Court of Justice, the Ontario Superior Court of Justice, and the Ontario Court of Appeal.
• Provide legal advice to the Registrar and act as a resource to all staff regarding compliance with the TIA and other applicable laws.
• Provide support to the General Counsel & Corporate Secretary on ongoing regulatory matters and special projects, as required.

Key Competencies

• Excellent written skills - Functional expertise.
• Attention to detail with the ability to multitask and work under minimal supervision, under pressure of various deadlines - Functional expertise.
• Excellent communication, drafting, and presentation skills – Communication competency.
• Superior trial advocacy and litigation skills – Functional expertise.
• Legal research skills – Functional expertise.
• Demonstrates service oriented, critical, and pro-active approach to identify issues and find solutions – Service excellence.
• High level of sound and independent judgment, critical thinking, analysis, reasoning, and diplomacy – Teamwork.

Duties and Responsibilities

• Perform case management duties to support the efficient prosecution of matters.
• Screen cases by assessing evidence to determine whether the case meets the public interest threshold.
• Conduct judicial and Crown pre-trial meetings and engage in resolution discussions.
• Assemble evidence and prepare witnesses.
• Interpret and apply statutes and precedents.
• Adhere to the Crown Policy Manual and all prosecution-policy directives issued by the Ministry of Attorney General.
• Conduct appeals from trial decisions, if necessary, before the Ontario Court of Justice, Superior Court of Justice, and Ontario Court of Appeal.

• Draft Notices of Proposal and related documents.
• Prepare for and conduct hearings and case conferences before the Licence Appeal Tribunal.
• Conduct appeals from decisions of the Licence Appeal Tribunal, if necessary, before the Superior Court of Justice and Ontario Court of Appeal.

• Represent TICO before various levels of courts/tribunals, as necessary.
• Support the formulation and implementation of litigation/prosecution policy.
• Participate in meetings, educational seminars, deliver presentations and provide guidance, as required.
• Assist and provide legal advice to TICO Departments and staff as required, to ensure compliance with the TIA and other related legislation.
• Research and provide reports on other matters as required.
• Perform other legal tasks as required.

Qualifications

• Membership (Lawyer) in good standing with the Law Society of Ontario.
• Minimum of 3 years of litigation experience.
• Experience in trial management and/or prosecutions, preferably gained while employed by a regulatory/government body is an asset.
• Knowledge of structure and jurisdiction of courts and related rules of practice, procedure, and evidence, as well as legal concepts, terminology, function of Provincial Prosecutors, Crown Counsel, judiciary, and enforcement authorities.
• Extensive practical knowledge of all applicable legislation including, Travel Industry Act, Provincial Offences Act, Statutory Powers Procedure Act, Canada Evidence Act, Ontario Evidence Act and other related statutes as they apply to TICO.
• Knowledge and familiarity with techniques and tools for conducting investigations, interviewing, and communicating with lay-witnesses and expert witnesses.
• Knowledge of administrative law and advocacy techniques before administrative tribunals.
• Proficient in the use of office automation applications including MS Office (Word, PowerPoint, Excel).
• Valid Driver’s Licence and access to a vehicle for travelling to and from courts, tribunals, and other business-related functions.

Working Conditions

• Occasional overtime may be required.
• Valid Ontario driver’s licence as travel within Ontario is required.
• Transport of legal files and documents requires occasional lifting, bending, etc.

Direct Reports / Key Relationships

• General Counsel & Corporate Secretary
• Senior Legal Counsel & Manager, Litigation
• Chief Executive Officer
• Registrar and Chief Operating Officer
• Manager, Registration Services
• Manager, Compliance and Complaints
• Investigator
• Compliance Officers
• Complaints Officers
• Registration Officers
• Claims Coordinator