“In Ontario, only licensees under the [Law Society] Act are permitted to practice law or provide legal services in Ontario.
Historically, the Act only governed barristers and solicitors and only contained prohibitions against the unauthorized practice of law. In 2006, the Act was amended to enable the Society to regulate the profession of paralegals. These changes came into force in 2007. The Act now prohibits both the unlicensed ‘practice of law’ and the unlicensed ‘provision of legal services’.
Section 26.1 sets out the specific prohibitions:
(1) Subject to subsection (5), no person, other than a licensee whose licence is not suspended, shall practise law in Ontario or provide legal services in Ontario.
(2) Subject to subsections (6) and (7), no person, other than a licensee whose licence is not suspended, shall hold themself out as, or represent themself to be, a person who may practise law in Ontario or a person who may provide legal services in Ontario.
(3) No licensee shall practise law in Ontario or provide legal services in Ontario except to the extent permitted by the licensee’s licence.
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(5) A person who is not a licensee may practise law or provide legal services in Ontario if and to the extent permitted by the by-laws.
Only lawyers may “practice law in Ontario”. According to s. 1(1) of the Act, “a person who is authorized to practise law in Ontario” is “a person who is licensed to practice law in Ontario as a barrister and solicitor and whose license is not suspended” or a person who is not licensed but “is permitted by the by-laws to practise law as a barrister and solicitor in Ontario”. Pursuant to s. 2 of “By-Law 4 – Licensing” made under s. 62 of the Act (“the By-Law”), only those who hold a class “L” licence are entitled to practice law in Ontario as a barrister and solicitor.
‘Providing legal services’ is broader. The Act provides guidance on what constitutes the provision of legal services. In s. 1(5), the Act explains that a person provides legal services “if the person engages in conduct that involves the application of legal principles and legal judgment with regard to the circumstances or objectives of a person”. The Act then expands on this definition:
(6) Without limiting the generality of subsection (5), a person provides legal services if the person does any of the following:
1. Gives a person advice with respect to the legal interests, rights or responsibilities of the person or of another person.
2. Selects, drafts, completes or revises, on behalf of a person,
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vii. a document for use in a proceeding before an adjudicative body.
3. Represents a person in a proceeding before an adjudicative body.
4. Negotiates the legal interests, rights or responsibilities of a person.
(7) Without limiting the generality of paragraph 3 of subsection (6), doing any of the following shall be considered to be representing a person in a proceeding:
1. Determining what documents to serve or file in relation to the proceeding, determining on or with whom to serve or file a document, or determining when, where or how to serve or file a document.
2. Conducting an examination for discovery.
3. Engaging in any other conduct necessary to the conduct of the proceeding.
According to s. 6 of the By-Law, paralegals who hold a valid “P1” licence are entitled to provide various legal services. These include representing parties in proceedings in particular forums, such as Small Claims Court, the Ontario Court of Justice for provincial offences matters, or administrative tribunals. A licensed paralegal may also give a party advice regarding “his, her or its legal interests, rights or responsibilities” with respect to those proceedings.”
Law Society of Ontario v. Harry Kopyto, 2020 ONSC 35 (CanLII) at 9-14