Gavin Howe
In Ontario, a paralegal is a legal professional who is licensed to provide legal services to the public. Unlike in other provinces, paralegals in Ontario can practice certain types of law independently from a lawyer. They are regulated by the Law Society of Ontario (LSO) and must complete an accredited paralegal education program, pass a licensing examination, and fulfill ongoing continuing education requirements to maintain their license. This has led to a 35% increase in the number of paralegals in Ontario over the past five years. This article will explore the types of law that paralegals in Ontario are permitted to practice.
| Characteristics | Values |
|---|---|
| Areas of practice | Small Claims Court (up to $35,000), traffic, provincial offences, landlord and tenant disputes, minor criminal charges, family law, administrative tribunals |
| Prohibited areas of practice | Superior Court of Justice, Court of Appeal for Ontario, Supreme Court of Canada |
| Other prohibited activities | Setting or negotiating legal fees for lawyers, drafting legal documents beyond their scope of practice, giving legal advice in non-permitted areas, holding themselves out as lawyers |
| Licensing and regulation | Licensed by the Law Society of Ontario (LSO), accredited paralegal education program, licensing examination, ongoing continuing education requirements |
| Independence | Able to practice certain types of law independently from a lawyer, can represent clients independently in Small Claims Court and administrative tribunals |
| Demand | High demand for paralegals in Ontario due to their ability to practice independently, rising legal costs, limited number of lawyers, and shift towards a more litigious business environment |
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What You'll Learn
Small Claims Court
In Ontario, paralegals are licensed to provide legal services to the public and are regulated by the Law Society of Ontario (LSO). They are allowed to practice in specific areas of law, including Small Claims Court.
Paralegals in Ontario are permitted to represent their clients independently in Small Claims Court. This can be an attractive option for citizens as paralegal fees are usually substantially lower than a lawyer's fees, and the maximum payout in Small Claims Court is relatively low. Paralegals can handle any stage of the Small Claims Court procedure, from the mandatory settlement conference to the trial.
However, it is important to note that there have been calls for reforms to the Small Claims Court system in Ontario due to concerns about the time, expense, and challenges of collecting judgments.
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Tribunals
In Ontario, a paralegal is a legal professional licensed to provide legal services to the public. They are regulated by the Law Society of Ontario (LSO) and can offer a range of legal services. The LSO ensures that paralegals adhere to professional standards and complete ongoing continuing education to maintain their licenses.
Paralegals in Ontario have a heightened level of independence and professional responsibility compared to those in other provinces. They are allowed to practice specific areas of law independently from a lawyer. One such area is Small Claims Court, a branch of the Canadian legal system that deals with civil disputes worth up to $25,000 to $35,000.
Another area where paralegals can represent clients independently is in various administrative tribunals. Examples of tribunals that paralegals can handle include:
- Landlord and Tenant Board
- Workplace Safety and Insurance Board (WSIB)
- Disputes over the health and safety of animals
- Cases relating to fire safety procedures
- Investigations into licensing and compensation claims
- Cases against policing services
- Prospective parole seekers for sentences of fewer than two years
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Provincial Offences
In Ontario, paralegals are in high demand due to their ability to practice certain types of law independently from a lawyer. One area in which they can do this is in Small Claims Court, a branch of the Canadian legal system that deals with civil disputes worth up to $25,000 or $35,000. This can include unpaid wages, rent, missed payments for goods and services, or claims for damage to property, personal injuries, or breach of contract.
Paralegals in Ontario are also permitted to represent clients independently in tribunals, such as the Landlord and Tenant Board, and in dealings with the Workplace Safety and Insurance Board (WSIB). These cases can involve workers or employers dealing with instances of injury, loss of income, workplace-related illnesses, damage to property, and emotional distress relating to workplace incidents.
Another area that paralegals can practice independently in Ontario is family law. With an FLSP license, paralegals can give legal advice, represent clients in certain family law matters, and prepare legal documents.
In addition, paralegals in Ontario can practice in the areas of traffic law and other provincial offences, as well as minor criminal charges where the maximum penalty does not exceed six months' imprisonment or a $5,000 fine.
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Family Law
In Ontario, the regulations and rules governing paralegals are distinct, as the province is the only one in Canada with a paralegal licensing system. Paralegals in Ontario are allowed to practice in specific areas of law, including small claims court, traffic and other provincial offences, landlord and tenant disputes, and minor criminal charges. They are prohibited from practicing in areas outside these legal domains.
In the context of family law, the Law Society of Ontario (LSO) has introduced a licence that allows paralegals to provide certain family legal services. This includes helping clients navigate family court procedures, such as filing deadlines, and preparing applications for simple joint and uncontested divorces, domestic contracts, and name changes. The licence also allows paralegals to appear in court on motions to change child support where the person's income is less than $150,000 and to respond to proceedings to enforce support payments.
The introduction of this licence aims to increase access to justice for Ontarians who cannot afford a lawyer, as paralegal fees are typically lower. It is also intended to support self-represented litigants and enhance the paralegal profession by expanding their roles and responsibilities.
It is important to note that paralegals in Ontario are prohibited from providing legal services without a license and are restricted to practicing within their scope of practice. They cannot give legal advice or draft legal documents beyond their permitted areas, including wills, real estate documents, or complex contracts.
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Landlord and Tenant Disputes
In Ontario, a paralegal is a legal professional licensed to provide legal services to the public and is regulated by the Law Society of Ontario (LSO). Paralegals in Ontario can practice specific areas of law independently from a lawyer. One such area is landlord and tenant disputes.
Paralegals can also help with enforcement requirements, such as Sheriff evictions, judgment collection, and other legal processes. They can provide expert guidance on navigating the Landlord and Tenant Board, helping clients understand the process and make informed decisions. Additionally, they can assist in preparing and reviewing necessary documentation, including notices of termination, applications, and supporting evidence, while offering clear and actionable legal advice.
It is important to note that while paralegals in Ontario have a heightened level of independence, they must still adhere to specific regulations and rules governing their practice. They are prohibited from practicing law in areas outside their scope, such as representing clients in higher courts like the Superior Court of Justice or giving legal advice in non-permitted areas.
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Frequently asked questions
A paralegal in Ontario is a legal professional licensed to provide legal services to the public. They are regulated by the Law Society of Ontario (LSO) and can offer a range of legal services.
Paralegals in Ontario are allowed to practice in specific areas of law, including small claims court (up to $35,000), traffic, provincial offences, landlord and tenant disputes, and minor criminal charges (where the maximum penalty does not exceed six months' imprisonment). They are prohibited from practicing outside these domains.
Paralegals in Ontario can represent clients in front of various administrative tribunals, such as the Landlord and Tenant Board and the Workplace Safety and Insurance Board. They can also provide certain family law services with an FLSP license.
Paralegals in Ontario cannot represent clients in higher courts, such as the Superior Court of Justice (except for small claims court), the Court of Appeal, or the Supreme Court. They also cannot set legal fees for lawyers, draft legal documents beyond their scope of practice, or give legal advice in non-permitted areas.
To become a licensed paralegal in Ontario, you must complete an accredited paralegal education program, pass a licensing examination, and fulfill ongoing continuing education requirements. You can also consider well-respected paralegal courses offered by colleges in the province, which can provide a solid foundation for your career.
