Legal Blog

Busted

We have discussed paralegals before (see newsletter of October 2013). The beauty of the new regime is that unlicensed paralegals who practice law can be stopped by way of injunction rather than by way of criminal sanction. A case in point is Law Society of Upper Canada v. Coulson 2013 ONSC 2448 (SCJ).

Blatant

The paralegal was not surreptitious. She advertised her legal services on the Internet; attempted to recruit her law clerk program classmates to assist her in providing legal services; obtained retainers from individuals (and did not provide the services); attempted to or acted for clients in the Superior Court, Small Claims Court,  and Ontario Court of Justice, and before the Landlord and Tenant Board.

Injunction

The judge noted that the unlicenced paralegal had harmed members of the public, including those who filed affidavits in support of the application, and that the licencing regime was designed to protect the public from this paralegal’s very actions and practices.

The judge granted the injunction against the paralegal enjoining her from practising law or providing legal services in Ontario. The real kicker? The judge awarded partial indemnity costs against the paralegal of $17,850.