The regulatory scheme set out in the Law Society's By-Law 4 authorizes paralegals to represent persons in certain proceedings and to engage in specific activities related to such proceedings. Paralegals are responsible for ensuring they provide legal services only in relation to matters that fall within the permissible scope of practice as outlined in By-Law 4. Accordingly, paralegals should consult By-Law 4 when determining whether they are permitted to take on a client matter.
Section 6 of By-Law 4 permits licensed paralegals to represent persons in a proceeding or intended proceeding:
- in the Small Claims Court
- in the Ontario Court of Justice under the Provincial Offences Act
- in a summary conviction court under the Criminal Code (Canada)
- where as of September 18, 2019, an accused was permitted to appear or examine or cross-examine witnesses by agent (a list of these Criminal Code summary conviction offences is available online)
- in respect of an offence under ss. 320.13(1) (dangerous operation), 320.16(1) (failure to stop after accident), 320.17 (flight from peace officer), or 320.18(1) (operation while prohibited) of the Criminal Code (Canada)
- before administrative tribunals established under an Act of the Legislature of Ontario or under an Act of Parliament
- before a person dealing with a Statutory Accident Benefits Schedule (SABS) claim or a matter related to a SABS claim (excluding a claim of an individual who has or appears to have a catastrophic impairment within the meaning of the SABS), including mediation, evaluation, arbitration, or related proceedings under the Insurance Act
A licensed paralegal is permitted to engage in the following activities on behalf of clients in relation to a proceeding or intended proceeding described above:
- give legal advice concerning the client’s legal interests, rights or responsibilities with respect to the proceeding or the client matter that is the subject matter of the proceeding
- select, draft, complete, or revise a document for use in the proceeding or a document that affects a client’s legal interests, rights, or responsibilities with respect to the proceeding or the client matter that is the subject of a proceeding, or assist another to do any of these things
- negotiate a client’s legal interests, rights, or responsibilities that relate to the proceeding or the client matter that is the subject of the proceeding, or
- anything mentioned in s. 1(7) of the Law Society Act, provided the activity is required by the rules of procedure governing the proceeding.
Paralegals are prohibited from providing legal services to persons in relation to family law matters or legal services that only a lawyer may provide, including for example, drafting wills, handling real estate transactions, or advising on corporate matters.