The regulatory scheme set out in the Law Society's By-Law 4 permits paralegals to practise in what were 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.
As of May 1, 2007, paralegals are not permitted to appear in Family Court.
Other than under the supervision of a lawyer, paralegals may not provide legal services that only a lawyer may provide, such as drafting wills or handling real estate transactions or estates.
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