Anaya Nolan
In Ontario, paralegals are licensed by the Law Society of Ontario and are permitted to practice in specific areas of law independently from a lawyer. These areas include small claims court, traffic, provincial offences, landlord and tenant disputes, minor criminal charges, and family law. Paralegals can also assist clients with dealings with the Workplace Safety and Insurance Board (WSIB) and can increase their earning potential by becoming a notary public.
| Characteristics | Values |
|---|---|
| Areas of law paralegals can practice | Small Claims Court, Workplace Safety and Insurance Board (WSIB) cases, Summary conviction offences, Provincial Offences, criminal matters, family law, traffic law, landlord and tenant disputes |
| Areas of law paralegals cannot practice | Superior Court of Justice, Court of Appeal for Ontario, Supreme Court of Canada, drafting wills, real estate documents, complex contracts |
| Other characteristics | Paralegals can work independently without the supervision of a lawyer, they are regulated, licensed by the Law Society of Ontario, and have restricted licenses |
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What You'll Learn
Small Claims Court
In Ontario, paralegals are licensed by the Law Society of Ontario to represent the public in certain legal matters. They are permitted to represent their clients independently in Small Claims Court, a branch of the Canadian legal system that deals with civil disputes. Small Claims Court is where individuals sue a person or business for something they are owed, be it money or property, when the amount is $35,000 or less. From October 1, 2025, the monetary limit of the Ontario Small Claims Court will be increased to $50,000.
Paralegals are a more affordable option for claimants or defendants, as their fees are substantially lower than a lawyer's, and the maximum payout of a Small Claims Court case is relatively low. Paralegals are also able to devote more time and effort to each individual client. They are trained extensively in Small Claims Court legislation and historical cases, making them a suitable choice for many clients.
Paralegals can increase their earning potential by becoming a notary public. In Ontario, only practicing paralegals and lawyers can apply for this additional certification. Notary publics have all the power of a commissioner for taking affidavits, as well as certifying, witnessing, and attesting the execution of a document.
The median paralegal salary in Ontario is approximately $57,000 per year, with paralegal fees ranging from $35,000 to upwards of $97,000 per year.
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Workplace Safety and Insurance Board (WSIB)
In Ontario, paralegals are in high demand due to their ability to practice certain types of law independently from a lawyer. They are licensed by the Law Society of Ontario and can represent the public for a variety of legal matters. Paralegals can work in almost any legal department, including law firms, corporate legal departments, government agencies, and not-for-profit organizations. They can assist in minimizing the number of self-represented litigants and preventing people from obtaining unreliable legal advice from non-regulated sources.
One specific area in which paralegals can provide valuable assistance is in dealings with the Workplace Safety and Insurance Board (WSIB). The WSIB is an independent trust agency of the Government of Ontario that administers compensation and no-fault insurance for workplaces in the province. It is the sole provider of workers' compensation insurance in Ontario, covering over five million people in more than 300,000 workplaces.
When it comes to WSIB cases, paralegals can represent both workers and employers in instances involving injuries, loss of income, workplace-related illnesses, property damage, and emotional distress related to workplace incidents. These cases can be legally and emotionally complex, often involving significant financial amounts. Paralegals are extensively trained in WSIB legislation and historical cases, making them a qualified and cost-effective option for clients wishing to take their case to a tribunal.
The WSIB, as a government agency, strives to provide service options and levels comparable to those offered by private sector companies. They have introduced online services to allow individuals and businesses to track their claim status, payments, healthcare and medication coverage, and send direct messages. Additionally, the WSIB provides access to industry-specific health and safety information, aiming to make Ontario the safest and healthiest place to work.
Overall, paralegals play a crucial role in the legal system, offering affordable legal services and representing clients in various areas of law, including those related to the Workplace Safety and Insurance Board (WSIB) in Ontario.
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Provincial Offences
In Ontario, paralegals are licensed to practice and represent clients in several areas of law. One of these areas is Provincial Offences, which are heard by the Ontario Court of Justice.
Paralleling the role of a lawyer, paralegals can advise and represent clients in Provincial Offences cases, abiding by the same standards and rules. They can offer affordable legal services to the public, minimising the number of self-represented litigants and providing access to regulated legal advice.
Parallels can represent clients for criminal matters when the maximum penalty is a $2000 fine and not more than 6 months in prison. Examples of Provincial Offences cases include Highway Traffic Act charges, such as speeding or traffic violations, and Municipal by-law charges, such as excessive noise, animal control, or garbage disposal.
Additionally, paralegals can handle charges laid under provincial legislation, such as the Environmental Protection Act, Occupational Health and Safety Act, Dog Owners' Liability Act, and the Trespass to Property Act. Many minor offences under the Provincial Offences Act can be settled out of court by paying the fine stated on the offence notice.
Parallels are an attractive option for citizens as their fees are usually lower than lawyers, making them a cost-effective choice for legal representation in Provincial Offences matters.
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Family Law
In Ontario, paralegals are licensed by the Law Society of Ontario (LSO), the same body that licenses lawyers. They can work independently to provide affordable legal services to the public as allowed by government legislation.
In the field of family law, paralegals can help clients navigate family court, including procedures such as filing deadlines, and help them in preparing and completing applications for simple joint and uncontested divorces, domestic contracts, and name changes. They can also prepare and argue motions to change child support in certain circumstances, such as when a person's income is less than $150,000.
Parallels cannot, however, prepare or help prepare legal documents that pertain to custody or settlement agreements that pertain to family or matrimonial law.
The Family Legal Services Provider (FLSP) program at Fanshawe College prepares paralegals to expand their scope of practice to include family legal services. The curriculum covers ethics and professional responsibility, knowledge of the law, substantive family law, filing domestic contracts, alternative dispute resolution, the litigation process, and practice management issues.
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Criminal Law
In Ontario, Canada, licensed paralegals are permitted to practice in certain areas of criminal law, including summary conviction offences, provincial offences, and plea negotiations. This means that paralegals can represent clients charged with less serious criminal offences, such as traffic violations or minor assaults, as well as non-criminal provincial offences.
Paralegals are licensed to practice certain types of criminal law under the Law Society of Ontario (LSO). According to the LSO, licensed paralegals can practice in the following areas of criminal law:
Summary conviction offences
Paralegals can represent clients charged with summary conviction offences, which are less serious criminal charges that carry a maximum penalty of a $5,000 fine and/or six months in jail. These offences can be proceeded against summarily, without the right to a trial by jury but also without the risk of being indicted. Paralegals are eligible to represent clients in these cases without the need for a supervising lawyer, as the cases are generally straightforward and carry less severe repercussions than indictable offence cases.
Provincial offences
Paralegals can also represent clients charged with provincial offences, which are non-criminal charges such as traffic violations, liquor license infractions, and by-law violations.
Criminal Code summary conviction offences
Paralegals can advise and represent clients in legal issues involving certain Criminal Code summary conviction offences being addressed by the lower courts.
Mediation or arbitration proceedings
Paralegals can also represent clients in mediation or arbitration proceedings.
Small Claims Court
Paralegals are permitted in Ontario to represent their clients independently in Small Claims Court, which deals with civil disputes worth up to $25,000. This can include unpaid wages, rent, missed payments for goods and services, or claims for damage to property, personal injuries, or breach of contract.
Workplace Safety and Insurance Board (WSIB)
Paralegals can assist clients independently in dealings with the Workplace Safety and Insurance Board (WSIB). These cases involve either workers or employers dealing with instances of injury, loss of income, workplace-related illnesses, damage to property, and emotional distress relating to workplace incidents.
Provincial tribunals
Paralegals can represent clients in certain provincial tribunals, such as the Landlord and Tenant Board, Human Rights Tribunal, and Labour Relations Board.
The ability to practice certain types of law independently from a lawyer is a key reason why paralegals are in high demand in Ontario. However, it is important to note that paralegals in Ontario are only allowed to represent clients who are facing limited consequences if found guilty in criminal cases. All other criminal code offences require representation by a lawyer.
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Frequently asked questions
Paralegals in Ontario can practice in specific areas of law, including small claims court (up to $25,000-$35,000), traffic, landlord and tenant disputes, minor criminal charges (where the maximum penalty does not exceed six months' imprisonment and a $2,000 fine), and summary conviction offences. They can also assist with dealings with the Workplace Safety and Insurance Board (WSIB) and certain family law services.
Paralegals in Ontario are prohibited from practicing in areas outside their scope, such as drafting wills, real estate documents, or complex contracts. They cannot represent clients in higher courts like the Superior Court of Justice (except for small claims court), the Court of Appeal for Ontario, or the Supreme Court of Canada.
Paralegals are regulated, educated, and experienced professionals who can provide affordable legal services to the public. They can offer more focused attention to each client and are often a more cost-effective option, especially for small claims court cases.
