PARALEGALS/SABS REPRESENTATIVES

The new regulatory scheme set out in the Law Society of Upper Canada's By-Law 4 permits paralegals to practise in what are already permitted areas of practice. Subsection 6 (2) authorizes licensed paralegals to represent someone:

• in Small Claims Court
• in the Ontario Court of Justice under the Provincial Offences Act
• on summary conviction offences where the maximum penalty does not exceed six months' imprisonment
• before administrative tribunals, including the Financial Services Commission of Ontario.

A person with a paralegal licence can do the following in the course of representing a client in any of the above-mentioned proceedings:

• give legal advice concerning legal interests, rights or responsibilities with respect to a proceeding or the subject matter of a proceeding
• draft or assist with drafting documents for use in a proceeding
• negotiate on behalf of a person who is a party to a proceeding.

FSCO continues to monitor paralegals for compliance with the Insurance Act and its regulations up to May 1, 2008.  Effective May 1, 2008, independent paralegals who provide legal services in Ontario will be regulated by the Law Society of Upper Canada.