What is the permitted scope of practice for paralegals?

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.

Paralegal Help: Car Accidents and Law Suites

Paralegals can assist you if you have been injured in
a car accident. They can  assist you
with a Statutory Accident Benefits (SABS) claim such as
income replacement or medical expenses (chiropractic or
physiotherapy treatments, for example). (However, you
should consult a lawyer if you have been seriously injured.)

Paralegals can assist you if you are suing someone or
being sued, if you have a case in
Small Claims Court. (For any civil litigation matter in the Superior Court
of Justice, you will need a lawyer to represent you.)

PARALEGAL HELP IN: TRAFFIC TICKETS, SMALL CLAIMS COURT AND CRIMINAL CHARGES

A Paralegal may assist you as follows:

A paralegal can represent you in the Ontario Court of
Justice, under the Provincial Offences Act for charges like
speeding or trespassing. They can also represent you in
matters related to:

➤ Compulsory Automobile Insurance Act
➤ Liquor Licence Act
➤ Environmental Protection Act
➤ Occupational Health and Safety Act
➤ Blind Persons Rights Act
➤ Municipal by-laws

Criminal Offences
Paralegals can  represent you in the Ontario Court of Justice if you are
charged with a minor criminal offence, as long as the
maximum term of imprisonment for the offence is not
more than six months. Examples of this type of offence
include causing a disturbance and harassing phone calls.
They also include theft under $5,000, and assault and
mischief to private property, if the Crown Attorney
elects to proceed by way of summary conviction, which
is a less serious method of proceeding.


Small Claims Court
A  paralegal can help with all matters in Small Claims Court.

A paralegal can also assist you if you have a matter before the
Landlord and Tenant Board, or most of other tribunal established
by provincial or federal governments.


The following are examples of some tribunals:
➤ Landlord and Tenant Board (for rent disputes)
➤ Financial Services Commission of Ontario (for Statutory
    Accident Benefits Schedule claims – car accidents)
➤ Workplace Safety and Insurance Board
    (for on-the-job associated injuries)
➤ Social Benefits Tribunal (if you are entitled to
    government assistance through programs like the
    Ontario Disability Support Program)
➤ Human Rights Tribunal of Ontario.

What are the important questions when hiring a Paralegal?

Guidelines for choosing a paralegal or lawyer:

➤ Call a few different professionals and ask them if they
     will take your case.
➤ Ask them how much they charge, either per hour, or
     per case.
➤ Book a time to meet with them.
➤ Ask them about their experience with your type of case.
➤ Ask them to estimate how much their services will
     cost for handling your case.
➤ Ask whether you will be billed on a monthly basis or
     at the end of your case.
➤ Ask if you will have to pay for anything else above and
     beyond their fees.

When can a paralegal help you?

Paralegals can represent you in the following types of matters:

• Litigation in Small Claims Court
• Traffic and other offences heard in Provincial Offences Court
• Hearings before tribunals (e.g. the Landlord and Tenant Board or the Workplace Safety and Insurance Board)
• Minor criminal charges under the Criminal Code heard in the Ontario Court of Justice