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Revised February, 2017 GROUP LEGAL PLAN GROUP LEGAL PLAN Labourers’ International Union of North America Local 506

GROUP LEGAL PLAN · matrimonial or divorce proceedings. Representation includes the preparation of a separation agreement, filing a petition of divorce or separation, establishing

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Page 1: GROUP LEGAL PLAN · matrimonial or divorce proceedings. Representation includes the preparation of a separation agreement, filing a petition of divorce or separation, establishing

Revised February, 2017

GROUP LEGALPLANGROUP LEGALPLANLabourers’ International Unionof North AmericaLocal 506

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Page 2: GROUP LEGAL PLAN · matrimonial or divorce proceedings. Representation includes the preparation of a separation agreement, filing a petition of divorce or separation, establishing
Page 3: GROUP LEGAL PLAN · matrimonial or divorce proceedings. Representation includes the preparation of a separation agreement, filing a petition of divorce or separation, establishing

TABLE OF CONTENTSPLAN INTRODUCTION LETTER . . . . . . . . . . . . .2ELIGIBILITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3CLAIMS PROCEDURES . . . . . . . . . . . . . . . . . . . . .4SCHEDULE OF BENEFITS . . . . . . . . . . . . . . . . . .6

"A" REAL ESTATE . . . . . . . . . . . . . . . . . . . . .8"B" DIVORCE AND DOMESTIC

PROCEEDINGS . . . . . . . . . . . . . . . . . . . .9"C" PREVENTIVE LAW . . . . . . . . . . . . . . .11"D" NON-COMPLEX

LEGAL DOCUMENTS . . . . . . . . . . . . .11"E" WILLS . . . . . . . . . . . . . . . . . . . . . . . . . . .12"F" LANDLORD AND

TENANT MATTERS . . . . . . . . . . . . . .12"G" CONSUMER AND

PERSONAL PROPERTY LAW . . . . . . .13"H" CIVIL LITIGATION

DEFENDANT . . . . . . . . . . . . . . . . . . . . .14"H" CIVIL LITIGATION PLAINTIFF

(PLAN MEMBER ONLY) . . . . . . . . . . .14"J" GOVERNMENT PROGRAMS

AND ASSISTANCE . . . . . . . . . . . . . . . .15"K" INSURANCE RELATED

MATTERS . . . . . . . . . . . . . . . . . . . . . . .16"L" AUTOMOBILE RELATED MATTERS .17"M" CRIMINAL MATTERS . . . . . . . . . . . . .17"N" APPEALS . . . . . . . . . . . . . . . . . . . . . . . .19“O” JURY DUTY . . . . . . . . . . . . . . . . . . . . . .19

MAXIMUM REPRESENTATION . . . . . . . . . . . . .19EXCLUSIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . .20PLAN RULES - DEFINITIONS . . . . . . . . . . . . . . .22LAW SOCIETY REFERRAL SERVICE . . . . . . . .23IMPORTANT INFORMATIONFOR SERVICE PROVIDERS . . . . . . . . . . . . . . . .24

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Page 4: GROUP LEGAL PLAN · matrimonial or divorce proceedings. Representation includes the preparation of a separation agreement, filing a petition of divorce or separation, establishing

PLAN INTRODUCTION LETTERThe Board of Trustees is pleased to present you with animproved Schedule of Benefits provided by theLabourers’ International Union of North AmericaLocal 506 Group Legal Benefit Trust Fund. It appliesto legal services incurred on or after January 1, 2016however claims for services incurred prior to this datewill be adjudicated in accordance with the text in theprevious benefit booklet.

The Group Legal Plan provides all eligible PlanMembers and their eligible dependents with theopportunity to be reimbursed for fees incurred for legalrepresentation. It is important that you understand theprovisions of the Plan, the rules governing theeligibility for the benefits, the procedures to followwhen making a claim and the conditions under whichthey are payable. The final determination of any claim,question or problem that may arise will be governed bythe Trust Agreement and the current Schedule ofBenefits. The Plan provides coverage for legalexpenses up to the maximum amounts which havebeen approved by your Board of Trustees andspecifically, for those services described in this benefitbooklet. The Plan will not cover all your legal expensesand non-legal fees are the responsibility of the PlanMember. All claims are subject to the rules andexclusions applicable to the Plan of Benefits on pages20-22.

We hope to continue to provide the best benefitsaffordable however, due to the evolving economicclimate, benefits provided in this booklet may besubject to change. As circumstances may warrant andin order to protect the Fund, the Trustees have the rightto amend, delete, add, modify or suspend the Plan'sbenefits, monetary or otherwise, as they apply to allcurrent and future Plan Members.

We encourage you to read this booklet so as tofamiliarize yourself with the Group Legal Benefits

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Page 5: GROUP LEGAL PLAN · matrimonial or divorce proceedings. Representation includes the preparation of a separation agreement, filing a petition of divorce or separation, establishing

available to you and your family. Should you have anyquestions or require assistance with your claim, pleasedo not hesitate to contact the Administrator, GlobalBenefits at (416) 635 6000. The Plan Member’s socialinsurance number is required when making inquiries.

Sincerely,

Your Board of Trustees

ELIGIBILITYPlan Members of the Labourers’ International Union ofNorth America Local 506 are entitled to benefitcoverage under the Group Legal Plan if they are:

• employed by a contributing employer andcontributions have been submitted on their behalfto the Group Legal Plan.

• employed by a contributing employer and areeligible for benefit coverage under the employer’shealth and welfare plan of benefits.

• currently eligible for benefit coverage under theLabourers’ International Union of North AmericaLocal 506 Health & Welfare Benefit Plan,including those whose health and welfare benefitsare extended by freezing.

• Plan Members who worked for a contributingemployer and are paying direct to maintain theirbenefits. Subject to the limitations on paying direct.

• Retirees who worked for a contributing employerand are now eligible in the Labourers’ InternationalUnion of North America Local 506 Retiree BenefitPlan.

NOTE: Effective November 1, 2016, all newlyinitiated or reinitiated active members in good standingwith the Union must have 2 or more consecutive years

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Page 6: GROUP LEGAL PLAN · matrimonial or divorce proceedings. Representation includes the preparation of a separation agreement, filing a petition of divorce or separation, establishing

in order to be allowed to continue benefits through paydirect. Pay direct coverage was reduced from amaximum of 36 months to 18 months. All PlanMembers continuing to pay direct prior to November 1,2016 are entitled to coverage for 36 months.

If employed within the industrial sector please referto your collective agreement for clarification or callyour Group Legal Administrator at Global Benefits.

Termination of Coverage under the Group LegalBenefit Plan takes place on the same date that the PlanMember ceases to be eligible for coverage in theHealth & Welfare Benefit Plan. Legal servicescommencing following that date will be ineligible forreimbursement.

CLAIMS PROCEDURESPlan Members and their eligible dependents areentitled to the use of a service provider of their ownchoice. Alternatively, the Law Society of UpperCanada provides a referral service that may be ofassistance. For their contact information please seepage 23.

Group Legal Benefits are a taxable benefit and PlanMembers will receive a T4A for contributions made ontheir behalf to the Labourers International Union ofNorth America Local 506 Group Legal Trust Fund.

To submit a claim the Plan Member must be eligiblefor benefit coverage on the date of service or the dateof offence for Highway Traffic Act matters and claimsmust be submitted within 24 months of that date.

A Group Legal claim form may be obtained from theBenefits Department of the Union Office or the GroupLegal Administrator and is also available on thewebsite at www.local506.ca. This form must becompleted in its entirety by the Plan Member and

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submitted to the Administrator along with an ItemizedStatement of Account obtained from the serviceprovider. The statement of account must be on legalletterhead, detail the dates of service, a description ofthe services rendered and provide a breakdown of thelegal fees payable separate from the disbursements andtaxes. If you are a service provider please refer to page24 for more information.

Please ensure the completion of the real estate sectionon the reverse of the claim form when claiming for apurchase or sale of the Plan Member’s principal familyresidence.

A copy of the traffic ticket, summons or a notice of trialmust accompany claims for Highway Traffic Actmatters where the date of offence will determine theeligibility for reimbursement.

All claims should be submitted to the PlanAdministrator:

Global BenefitsThe Defenders Group

88 St. Regis Crescent SouthToronto, Ontario

M3J 1Y8

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Page 8: GROUP LEGAL PLAN · matrimonial or divorce proceedings. Representation includes the preparation of a separation agreement, filing a petition of divorce or separation, establishing

SCHEDULE OF BENEFITSThe following is the Schedule of Benefits covered bythe Group Legal Plan for legal services incurred on orafter January 1, 2016. Claims for services incurredprior to this date will be adjudicated in accordance withthe text in the previous benefit booklet.

Unless otherwise specified all Plan maximums arebased on a calendar year. The amounts set out in theschedule are the maximum amounts reimbursable foreach service despite the fact that certain proceedingsmay take in excess of one calendar year to complete.

Charges beyond the maximum payable by the Plan orfor non-legal services such as disbursements, taxes,registration fees, property appraisals, fines, titleinsurance, administration fees or court costs are theresponsibility of the Plan Member. All claims aresubject to the rules and exclusions applicable to thePlan of Benefits on pages 20-22.

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Page 9: GROUP LEGAL PLAN · matrimonial or divorce proceedings. Representation includes the preparation of a separation agreement, filing a petition of divorce or separation, establishing

SCHEDULE OF BENEFITS

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Page 10: GROUP LEGAL PLAN · matrimonial or divorce proceedings. Representation includes the preparation of a separation agreement, filing a petition of divorce or separation, establishing

“A” - REAL ESTATEA Plan Member and the dependent spouse shall beentitled to legal services in connection with the PlanMember’s principal family residence. Legal servicesinclude a purchase or sale of a family dwelling,purchase of a lot on which to build a family dwelling(building permit must be issued within 1 year) and thepurchase or sale of a vacation property. Also coveredunder the Plan insofar as they relate to the PlanMember’s principal family residence is the transfer oftitle, arrangement of new or renewal of mortgage,mortgage incidental to purchase and discharge ofmortgage. The required transfer of title on a property isincluded in the maximum amount of $550 payable forpurchase and sale claims. Code “A6 Mortgage New orRenewal” is only payable for mortgages unrelated to apurchase.

Legal services provided in connection withcommercial or income producing properties is notcovered under the Plan.

Ensure the completion of the real estate section onthe reverse of the claim form when claiming for apurchase or sale of the Plan Member’s principalfamily residence.

MaximumCodes AmountA1 Purchase Family Dwelling $550A2 Sale Family Dwelling $550A3 Purchase Lot for Family Dwelling $550A4 Purchase/Sale Vacation Property $550A5 Transfer of Title $300A6 Mortgage New or Renewal $400A7 Mortgage Incidental to Purchase $200A8 Discharge of Mortgage $150

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Page 11: GROUP LEGAL PLAN · matrimonial or divorce proceedings. Representation includes the preparation of a separation agreement, filing a petition of divorce or separation, establishing

NOTE: Plan maximums include 1 purchase, 1 sale, 1transfer of title, 1 mortgage new or renewal ormortgage incidental to purchase and 2 discharges ofmortgages in any 12 month period. Benefits relating toa vacation or recreational property are limited to alifetime Plan maximum of 1 per Plan Member.Mortgage services provided by a financial institutionmust clearly identify the amount of the legal feeincluded in the administration fee. If the requiredinformation is not provided, a formula will be used todetermine the legal portion of the fees charged in orderto reimburse the Plan Member. Survivorshipapplications will be paid under code “A5 Transfer ofTitle”. Title insurance, title examining counsel fees,property appraisals, mortgage and land registrationfees are not covered under the Plan.

“B” - DIVORCE ANDDOMESTIC PROCEEDINGS

A Plan Member and the dependent spouse shall beentitled to representation in connection with anymatrimonial or divorce proceedings. Representationincludes the preparation of a separation agreement,filing a petition of divorce or separation, establishingthe custody and access of children, support payments,the equitable distribution of property and all otherproceedings relating to the dissolution of therelationship.

Reimbursement of the legal expense associated with aninitial consultation for a family matter is also coveredunder the Plan. See section “C” on page 11. Ensure thatthe statement of account from the service providerclearly indicates the date and fee charged for theconsultation.

If proceedings are non-contested, it is recommendedthat independent counsel be sought.

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Page 12: GROUP LEGAL PLAN · matrimonial or divorce proceedings. Representation includes the preparation of a separation agreement, filing a petition of divorce or separation, establishing

Cheques for legal services provided to a PlanMember’s dependent spouse will be mailed directlyto the spouse or the lawyer as elected on the claimform for Divorce Spouse, Property and CustodySupport Spouse and Separation Agreement Spouseclaims.

Please ensure that the spouse’s mailing address andphone number are provided in the allocated spaceon the claim form.

MaximumCodes AmountB1 Divorce Member $700B2 Divorce Spouse $700B3 Property and Custody

Support Member $700B4 Property and Custody

Support Spouse $700B5 Separation Agreement Member $700B6 Separation Agreement Spouse $700B7 Modification of

Separation Agreement $300B8 Adoption (Private) $500B9 Guardianship $400B10 Change of Name $250B11 Birth Certificate Assistance $200B12 Post or Pre-Nuptial Agreement $500NOTE: The statement of account from the serviceprovider must clearly specify the matter and provide adescription of services. The block fees set out hereinare payable only for services provided and are notaccumulative. When a lawyer prepares a SeparationAgreement, you would be entitled to a reimbursementup to $700. You would not be entitled to claim forProperty and Custody Support when issues of property,custody, access or support are outlined in theSeparation Agreement. Mediation is not a coveredservice under the Plan.

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Outlined in this section are the maximum amountspayable for each service despite the fact that certainproceedings may take in excess of one calendar year tocomplete.

“C” - PREVENTIVE LAWPlan Members and their eligible dependents shall beentitled to receive legal advice by telephone or directoffice consultation on any problem that the PlanMember believes to be of a legal nature. It is essentialthat the statement of account from the service providerclearly indicates the date and fee charged for the initialconsultation.

MaximumCodes AmountC1 Preventive Law $300

“D” - NON-COMPLEXLEGAL DOCUMENTS

Legal documents which are not deemed to beexceedingly complex will be prepared for PlanMembers and their eligible dependents.

MaximumCodes AmountD1 Power of Attorney - Personal Care $ 50D10 Power of Attorney - Property $ 50D2 Deeds $100D3 Simple Contracts $200D4 Tenant Leases (Residential) $150D5 Notarized Affidavits or Documents $ 25D6 Other Legal Documents $200

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“E” - WILLSA Plan Member and the dependent spouse shall beentitled to have prepared what is commonly regardedas a simple will which does not include the creation ofany trust or other estate. A Plan Member and thedependent spouse shall also be entitled to the periodicreview and amendment of all testamentary instruments.Preparation of a simple will, revision of a will orpreparation of a codicil is limited to 1 service in any 12month period. Generally, powers of attorney areprepared in conjunction with wills. See section “D” onpage 11. Probation of a will is not a covered serviceunder the Plan.

MaximumCodes AmountE1 Simple Will Member $300E2 Simple Will Spouse $300E3 Revised Will or Codicil Member $150E4 Revised Will or Codicil Spouse $150

“F” - LANDLORD AND TENANTMATTERSPlan Members and their eligible dependents, as tenants,shall be represented in connection with any claims,disputes or controversies arising out of a lessor-lesseerelationship in respect to their dwelling. Representationfor matters before the Landlord and Tenant Board willbe paid under this section. Proceedings in which thePlan Member or an eligible dependent is the landlord isnot a covered benefit under the Plan.

MaximumCodes AmountF1 Leases/Tenancy $500

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Page 15: GROUP LEGAL PLAN · matrimonial or divorce proceedings. Representation includes the preparation of a separation agreement, filing a petition of divorce or separation, establishing

“G” - CONSUMER ANDPERSONAL PROPERTY LAW

Plan Members and their eligible dependents shall beentitled to legal representation in connection with anyclaim against a manufacturer, distributor or retailer fordefects in any merchandise, article or service or in arecovery on any warranty given in connection with thesale of merchandise, article or service, where suchclaim is in excess of $100. The Plan shall not beobliged to litigate under code H2 on any claim unlessthe dollar value exceeds $300 and proceedings broughtbefore the small claims court will be paid under G7.

MaximumCodes AmountG1 Contracts/Warranty $400G2 Consumer Protection Act $400G3 Bankruptcy (Personal) $500G4 Garnishment of Wages $300G5 Tax Advice $250G6 Liens (Personal) $250G7 Small Claims Court $500NOTE: The fees of a Trustee in Bankruptcy arecovered up to the maximum allowed by the Plan forpersonal bankruptcy (i.e. voluntary petition, notinvolving a business). The bankrupt must bedischarged prior to submitting the claim. A Form 13Trustee’s Final Statement of Receipts andDisbursements must be submitted. Consumerproposals are not a covered service under the Plan.

While tax advice is covered, preparation of tax returnsare excluded from coverage under the Plan.

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“H” - CIVIL LITIGATION DEFENDANTPlan Members and their eligible dependents shall berepresented in connection with any civil action or civiladministrative proceeding in which the Plan Memberor dependent is named as a defendant or respondent.The Plan shall be under no duty to provide legalrepresentation to a Plan Member or eligible dependentswhere representation is provided for under statutoryprograms.

Plan Members shall be required to pay anydisbursements in connection with such defensivelitigation including the costs of discovery, witness fees,etc.

“H” - CIVIL LITIGATION PLAINTIFF(PLAN MEMBER ONLY)

Only the Plan Member shall be represented inconnection with the filing of a civil or administrativeaction for and on behalf of the Plan Member inconnection with any material injury to person orproperty for the deprivation or injury of anyconstitutionally or statutorily guaranteed right, anyright conferred at common law or for the adjustment ofany grievance both recognizable and actionable ineither law or equity.

No representation shall be available under this item forany action that is deemed to be either nonmeritorious,calculated to be vexatious only, of a non-material or ofa non-consequential nature or would be contrary topublic policy.

In the event that any damages are recovered or someform of monetary claim effected, the first $4,000excluding damages for property replacement and/ormedical expenses of any such recovery shall be free ofany assessment by the Plan for legal costs expended on

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Page 17: GROUP LEGAL PLAN · matrimonial or divorce proceedings. Representation includes the preparation of a separation agreement, filing a petition of divorce or separation, establishing

the Plan Member’s behalf. If the monetary settlementis in excess of the $4,000, the Plan Member is notentitled to reimbursement under the Plan. The Planshall be entitled to recover any legal costs expended onbehalf of the Plan Member from costs awarded by thecourt and from any monetary settlement in excess of$4,000. Please see the exclusions to the Plan on page20.

Proceedings in the small claims court are notreimbursable under this section.

MaximumCodes AmountH1 Defendant Representation $3,000H2 Plaintiff Representation $3,000NOTE: Outlined in this section are the maximumamounts payable for each service despite the fact thatcertain proceedings may take in excess of one calendaryear to complete.

“J” - GOVERNMENT PROGRAMSAND ASSISTANCE

A Plan Member and the dependent spouse shall beentitled to legal representation on behalf of themselvesor their eligible dependents in any matter requiringlegal assistance arising out of disputes or appeals withSocial Assistance or Employment Insurance.

A Plan Member and the dependent spouse shall beentitled to legal representation in matters ofimmigration into or out of Canada on behalf ofthemselves or their dependents, or on behalf of arelative who the Plan Member or spouse directlysponsored into Canada.

Services provided by Immigration Consultants are notcovered under the Plan.

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MaximumCodes AmountJ1 Social Assistance $150J2 Employment Insurance

Commission $150J3 Immigration Member $600J4 Immigration Spouse $600NOTE: Outlined in this section are the maximumamounts payable for each service despite the fact thatcertain proceedings may take in excess of one calendaryear to complete.

“K” - INSURANCE RELATED MATTERSPlan Members and their eligible dependents shall berepresented in connection with any claim against theinsurer (except for benefits provided by the Labourers’International Union of North America Local 506 orbenefits provided by a contributing employer to thisGroup Legal Plan) by reason of failure to provide orpay the benefits as contracted for or to render advice inthe interpretation of any policy provision.

In the event it is necessary to litigate any claim againstan insurance carrier, the conditions set forth in item“H” hereinbefore shall apply.

MaximumCodes AmountK1 Accident and Health $300K2 Life and Annuity $300K3 Fire and Homeowners $300K4 Casualty $300K5 Automobile Liability $300K6 Marine $300K7 Other $300

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Page 19: GROUP LEGAL PLAN · matrimonial or divorce proceedings. Representation includes the preparation of a separation agreement, filing a petition of divorce or separation, establishing

“L” - AUTOMOBILE RELATEDMATTERSPlan Members and their eligible dependents shall beentitled to legal representation in connection withautomobile related incidents.

Litigation under this item is subject to the limitationsset forth in item “H”.

MaximumCodes AmountL1 Civil Actions (Re: Auto Accident) $500L2 Damage and Personal Injury $500L3 Uninsured Motorist $400

“M” - CRIMINAL MATTERSPlan Members and their eligible dependents shall beentitled to limited legal representation when chargedunder Provincial or Federal Statutes for summaryconviction, indictable and hybrid offences.

The Plan will only allow reimbursement up to themaximum amount indicated for representation on allcharges arising out of a single incident. In the eventthat multiple charges are laid under the Criminal Codeof Canada on a single occasion but arising out ofseparate incidents, the Plan will only allowreimbursement up to the maximum amount indicated.

Reimbursement of the legal expense associated with aninitial consultation for charges under the CriminalCode of Canada is also covered under the Plan. Ensurethat the statement of account from the lawyer providinglegal advice clearly indicates the date and fee chargedfor the service. See section “C” on page 11.

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A copy of the traffic ticket, summons or a notice of trialmust accompany claims for Highway Traffic Actmatters. The Plan Member must be eligible for benefitcoverage on the date of offence for Highway TrafficAct claims.

MaximumCodes AmountM1 Highway Traffic Act $400M2 Provincial Offences Act or Offences

under Municipal By-laws $500M3 Criminal Code of Canada $850M4 Record Suspension (Pardon) $600NOTE: The Plan covers the legal cost for servicesprovided for the processing of an application for arecord suspension (formerly known as a pardon).Federal government processing fees, electronicfingerprinting, local police records check and U.S.entry waivers are excluded from coverage under thePlan.

Representation for driving while impaired or drivingover 0.8 mg is limited to 1 charge in a calendar yearand a lifetime maximum of 2 charges. Parkingviolations and fines are excluded from coverage underthe Plan.

Outlined in this section are the maximum amountspayable for each service despite the fact that certainproceedings may take in excess of one calendar year tocomplete.

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“N” - APPEALSPlan Members and their eligible dependents shall beentitled to legal representation on appeals. The Planshall pay a maximum of 50% of the legal fees up to$1,000 on an appeal. Appeals are limited to one appealper court decision or any conviction arising out of thesame incident or charge.

MaximumCodes AmountN1 Appeals 50% up to $1,000

“O” - JURY DUTYPlan Members who are called to perform jury duty orjury selection shall be entitled to payment of lostearnings up to $150 per day when absent from workless any fee received from the court. The benefit is notpayable on weekends and periods of unemployment.

Jury duty claim forms may be obtained from theAdministrator or the Union Office and completed bythe Plan Member and the employer. Completed claimforms must be accompanied by proof of attendanceoutlining the days attended, proof of the per diemallowance paid by the court or the Sheriff’s letter andthen submitted to the Administrator.

MaximumCodes AmountO1 Jury Duty $150/day

MAXIMUM REPRESENTATIONThe maximum representation that a Plan Member shallreceive inclusive of their eligible dependents shall notexceed $4,500 of legal service in a calendar year.

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EXCLUSIONSThe following services are excluded from coverageunder the Plan:

1. Disbursements, taxes, court costs, filing fees,land transfer taxes, administration fees, processserver fees, registration fees and propertyappraisals.

2. Title searches, survey fees, title insurance andtitle examining counsel fees.

3. Fines and penalties, whether civil or criminaland parking violations.

4. Any judgement for damages, includingjudicially awarded costs.

5. Any proceedings or dispute involving anEmployer or their officers, agents,representatives or employees.

6. Any proceedings or dispute involving theUnion, its officers, agents, representatives oremployees.

7. Any proceedings arising under the OntarioLabour Relations Act or any other statute thatrelates to labour relations or terms andconditions of employment, including but notlimited to W.S.I.B., Employment Insurance, theOccupational Health and Safety Act or theOntario Human Rights Code in mattersinvolving an Employer.

8. Any dispute involving the Plan, the Plan ofBenefits or any other Plan or Trust Fundprovided by a Contributing Employer to thePlan of Benefits or Labourers’ InternationalUnion of North America Local 506 Health andWelfare Benefit Trusts.

9. Matters involving election to any public office.10. Non-personal legal services (e.g. any business

related matters).

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11. Any controversy between a Plan Member andany dependents apart from divorce, separationor annulment. Mediation is excluded fromcoverage.

12. No service shall be provided that will violatePublic or Statutory Law.

13. Any case in which defense or other legalrepresentation is provided through insurance orother indemnification.

14. Action instituted prior to becoming a PlanMember or civil actions requested to file arisingout of pre-existing conditions. Exceptions maybe waived by the Board of Trustees.

15. Class actions or interventions or amicus curiaefilings in any suit or controversy among otherparties not involving the immediate and directinterest of a Plan Member.

16. Any case in which defense or other legalrepresentation is provided through anygovernment agency, which will represent a PlanMember without charge.

17. Any representation required by reason of anyacts committed or acts which a Plan Memberomitted to perform giving rise to tort,negligence, or criminal claims, or charges,which acts of omission occurred prior to a PlanMember joining the Plan.

18. Court appearance in connection with smallclaims involving an amount less than $100 andcivil litigation involving an amount less than$300. Costs of discovery and witness fees areexcluded from coverage.

19. Services rendered by immigration consultants.20. Probation of a will and estate matters.21. Preparation of tax returns and consumer

proposals.

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22. Federal government processing fees for arecord suspension, local police records check,electronic fingerprinting and U.S. entrywaivers.

23. Stale dated claims that were incurred over 24months prior to their submission.

INTERPRETATION — The Trustees shall beexclusively responsible for the interpretation andapplication of the Plan, the determination of allquestions pertaining to eligibility and entitlement tobenefit.

PLAN RULESDefinitions:

“Benefits” means payment of a monetary sum to or onbehalf of a Plan Member for legal fees incurred by thePlan Member or eligible dependents in obtaining legalservices for matters covered by the Plan.

“Covered Individual” means a Plan Member, his orher spouse and eligible dependents.

“Dependents” means any person with the followingrelationship to the Plan Member:

(l) Plan Member’s spouse in respect of whom thecontributions are being made for coverageunder the Plan; see “Spouse”.

(2) Plan Member’s unmarried children (includingadopted and step children) under 21 years ofage who are wholly dependent on the PlanMember for support;

(3) Plan Member’s unmarried children (includingadopted and step children) up to age 25, whoare full time students at a University or similareducational institution and depend wholly onthe Plan Member for support.

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“Legal Services” means representation or advice froma qualified legal practitioner with respect to thosematters listed in the schedule of benefits.

“Plan Member” means a member of the Labourers’International Union of North America Local 506 whois employed by a contributing Employer and who iseligible to receive benefits under the Plan.

“Plan” means the Labourers’ International Union ofNorth America Local 506 Group Legal Benefit Plan.

“Spouse” means a person who:

(l) is married to the Plan Member;(2) although not legally married to the Plan

Member, cohabits with the Plan Member for atleast one year in a spousal relationship.

(3) the contributions are being made for coverageunder the Plan.

“Trust Agreement” means the Agreement betweenthe Employers and the Union pursuant to which theTrust Fund was established.

“Trust Fund” means the Labourers’ InternationalUnion of North America Local 506 Group LegalBenefit Trust established pursuant to the TrustAgreement.

Capitalized terms used in this Group Legal Plan but notdefined above shall have the meanings given to thoseterms in the Trust Agreement.

LAW SOCIETY REFERRAL SERVICEPlan Members and their dependents are entitled to theuse of a service provider of their own choice.Alternatively, the Law Society Referral Serviceconnects residents of Ontario looking for legalassistance with a lawyer or paralegal who practices in

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the area of law required. The service will help find alegal professional who will provide up to a 30 minutefree consultation to help you determine your rights,options and to meet a specific requirement, such ascommunicating in a certain language. To access theservice please visit:

www.lawsocietyreferralservice.ca

LICENSED PARALEGAL COVERAGELegal services provided by a licensed paralegal arecovered for the following:

• Litigation in Small Claims Court• Offences under the Provincial Offences Act and

Highway Traffic Act• Minor criminal charges in Ontario Court of

Justice• Hearings before the Immigration and Refugee

Board• Matters before Tribunals

IMPORTANT INFORMATIONFOR SERVICE PROVIDERS

In order to assist in the efficient processing of a GroupLegal claim, it is crucial that the supportingdocumentation be submitted. For your benefit wereiterate the importance of the itemized statement ofaccount on legal letterhead detailing the servicesrendered and the legal fees separate from thedisbursements and taxes. Please indicate the name ofthe client(s) and the amount charged for each service.Non-legal fees, fees in excess of the Plan maximumand fees of members who are ineligible for coverageare the responsibility of the Plan Member.

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Attention must be paid to provide us with a cleardescription of the services rendered. For instance, RealEstate Matters often include the preparation of amortgage and discharge but rarely is it itemized on thestatement of account and while the closing date furtherfacilitates processing, it is on rare occasion provided.Survivorship applications will be paid under code “A5Transfer of Title”. Title insurance, title examiningcounsel fees, property appraisals, mortgage and landregistration fees are not covered under the Plan.

Statements of account relating to Divorce andDomestic Proceedings must clearly specify the familymatter and provide a description of services. The blockfees set out herein are payable only for servicesprovided and are not accumulative. When a lawyerprepares a separation agreement the claim may bereimbursed up to $700. The Plan Member would not beentitled to claim for code “B3 Property and CustodySupport Member” when issues of property, custody,access or support are outlined in the separationagreement.

Plan Members and their eligible dependents shall beentitled to receive legal advice by telephone or directoffice consultation on any problem that the PlanMember believes to be of a legal nature. When aconsultation takes place regarding family or criminalmatters it is important that the Consultation beidentified on the statement of account so as to allow forthe Plan Member to receive an additional benefit.Failure to provide the information could result in adelay in the processing of the claim.

Reimbursement for Bankruptcy requires thesubmission of a Form 13-Trustee’s Final Statement ofReceipts and Disbursements.

Highway Traffic Act claims must be accompanied bya copy of the traffic ticket, summons or a notice of trialwhere the date of offence will determine the eligibilityfor reimbursement.

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The Plan Member must be eligible for benefit coverageon the date of service (or offence for Highway TrafficAct matters) and claims must be submitted within 24months of that date.

Maximum representation shall not exceed $4,500 oflegal service in a calendar year. For Exclusions pleasesee page 20. The maximum amounts set out under eachsection are the maximum amounts payable for eachservice despite the fact that certain proceedings maytake in excess of one calendar year to complete.Charges beyond the maximum payable by the Plan orfor non-legal services such as disbursements, taxes,registration fees, property appraisals, fines, titleinsurance, administration fees or court costs are theresponsibility of the Plan Member.

The final determination of any claims, question orproblem that may arise will be governed by the TrustAgreement and the current Schedule of Benefits. ThePlan provides coverage for legal expenses up to themaximum which has been approved by the Board ofTrustees and specifically, for those services describedin this benefit booklet.

All claims are subject to the rules and exclusionsapplicable to the Plan of Benefits on pages 20-22.

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Notes

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Notes

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The Defenders Group

Global Benefits88 St. Regis Crescent SouthToronto, Ontario M3J 1Y8

Tel: (416) 635-6000Fax: (416) 635-6464

(March 23, 2017 / 11:32:10)

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