Changed Legal Landscape – Welcome Paralegals to Ontario
On May 1st, 2008, the Law Society of Upper Canada (now Law Society of Ontario “LSO”)
began its regulation of its newest licensees, Paralegals. Ontario became the first place in North
America where licensed Paralegals can directly represent members of the public in various
legal venues.
Paralegals had long represented the people of Ontario seeking affordable legal assistance for
Traffic Tickets, Small Claims Litigation, Landlord/Tenant matters, Simple Wills, Incorporations
and Uncontested Divorces, among other things. This arrangement changed and became law
with the passage of Bill 14, the Access to Justice Act. Paralegals continue to appear in Provincial Offences Court, Small Claims Court and at most tribunals such as the Landlord/Tenant Board, the Ontario
Human Rights Commission and Canada Human Rights Tribunal, Immigration and Refugee Board and the Workers’ Safety Insurance Board among many others. Now, Paralegals can no longer do the
Solicitor type work including Simple Wills, Incorporations and Uncontested Divorces, nor can
paralegals appear in Family Court.
Paralegals in Ontario are Commissioners of Oaths in Ontario by virtue of their LSO license,
and have the opportunity to apply to the Ministry of the Attorney General in the same manner
as Ontario Lawyers for a Notary Public Appointment.
In 2025 the first Paralegals will have the opportunity to obtain a supplementary education and
subsequent license as a Family Law Service Provider (“FLSP”) and offer uncontested divorces,
motions for child support payment changes (*with restrictions), Family Responsibility Support enforcement, and applications for change name among other services.
Paralegals have traditionally been consumer based, without a strong presence in the business
community. Now, both Lawyers and Paralegals are licensees of the Law Society of Ontario
(previously the Law Society of Upper Canada). For routine legal matters, Paralegals
legitimately offer businesses a lower cost alternative to traditional law firms.
Businesses can leverage their legal spending budgets, particularly in areas where the amounts
in dispute are under $35,000.00 ($50,000.00 effective October 1, 2025) by use of Licensed Paralegals. Litigation enforcement allows Plaintiffs to attach assets, real property, wages and bank accounts, which can be far more effective than collection agency calls.
Paralegals, unlike Lawyers, typically work on “block fees aka flat rate fees” of “limited scope
retainers” rather than hourly billing, and traditionally do not charge for phone calls, and copying.
In addition, Paralegals may accept Small Claims work on a full or partial contingency basis,
meaning businesses and individuals do not need to invest large amounts of money in litigation.
For businesses able to understand the process, collections can be much more cost effective.
Marshall Legal & Immigration Services
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