What Do Paralegals Do in Ontario? A Comprehensive Guide
Ontario stands out in Canada for its robust and regulated paralegal profession. Paralegals play a vital role in the province’s legal landscape, offering affordable, accessible legal services to individuals and businesses alike. But what exactly do paralegals do in Ontario? This blog post explores their duties, scope of practice, and the value they bring to the justice system.
Understanding the Paralegal Profession in Ontario
Paralegals in Ontario are not simply legal assistants or clerks. They are licensed professionals, educated in law, and regulated by the Law Society of Ontario (LSO). Since 2007, the LSO has overseen the licensing, standards, and ongoing education of paralegals, ensuring a high level of competence and professionalism.
Unlike in most other provinces, Ontario’s paralegals and their services can operate independently of lawyers in specific legal areas. This independence allows them to represent clients directly, provide legal advice, and appear before certain courts and tribunals.
Key Duties and Responsibilities of Paralegals
The scope of a paralegal’s work in Ontario is both broad and clearly defined. Here’s an in-depth look at what they do:
1. Legal Representation
Paralegals can independently represent clients in several legal forums, including:
- Small Claims Court: Handling civil disputes involving amounts up to $35,000
- Provincial Offences Court: Dealing with matters such as traffic violations, municipal bylaw infractions, and other offences under the Provincial Offences Act
- Administrative Tribunals: Representing clients before bodies like the Landlord and Tenant Board, Workplace Safety and Insurance Board, Human Rights Tribunal, Social Benefits Tribunal, and more.
- Minor Criminal Matters: Handling certain summary conviction offences under the Criminal Code, such as theft under $5,000, mischief, and some driving offences, provided the maximum penalty does not exceed six months of imprisonment
2. Legal Advice and Assistance
Within their permitted areas, paralegals can:
- Advise clients on their legal rights, responsibilities, and options.
- Guide clients through complex legal processes, helping them understand proceedings and potential outcomes.
- Negotiate on behalf of clients in disputes and settlements.
3. Drafting and Preparing Legal Documents
Paralegals are skilled in preparing a range of legal documents, including:
- Pleadings and court forms for small claims and tribunal matters.
- Contracts, affidavits, and legal correspondence.
- Applications and responses for administrative hearings.
- Legal Research and Case Preparation
A core part of a paralegal’s job involves:
- Conducting legal research to support cases and provide accurate advice.
- Investigating case law, statutes, and regulations relevant to a client’s matter.
- Gathering evidence, interviewing clients and witnesses, and assembling documentation for hearings or trials.
5. Client Communication and Support
Paralegals often serve as the primary point of contact for clients, especially those who might otherwise be self-represented. Their work includes:
- Explaining legal procedures and terminology in plain language.
- Keeping clients informed about the status of their cases.
- Providing reassurance and support throughout the legal process.
Where Do Paralegals Work?
Paralegals in Ontario have diverse employment opportunities:
- Private Practice: Many operate their own firms, offering direct services to the public.
- Law Firms: Paralegals often work alongside lawyers, supporting litigation and transactional work.
- Corporate Legal Departments: They may handle compliance, contracts, and internal investigations.
- Government and Non-Profits: Paralegals contribute to public legal education, advocacy, and administrative support.
Specializations and Areas of Focus
While all Ontario paralegals share a common foundation, many choose to specialize in areas such as:
- Landlord and tenant law
- Employment standards
- Traffic and bylaw offences
- Accident benefits claims
- Human rights and administrative law
This specialization enables paralegals to develop deep expertise and provide highly effective representation within their permitted scope.
What Paralegals Cannot Do
It’s important to note that paralegals in Ontario have clear boundaries:
- They cannot represent clients in family law matters, most criminal cases (beyond certain summary offences), immigration and refugee law (with some exceptions), or in superior courts.
- They are prohibited from preparing wills, handling real estate transactions, or providing legal services outside their regulated scope.
- Practicing law without a license or outside the permitted areas is strictly forbidden and subject to disciplinary action by the LSO.
The Value of Paralegals in Ontario’s Justice System
The introduction and regulation of paralegals in Ontario have had a significant impact:
- Access to Justice: Paralegals provide affordable legal services, making justice more accessible to those who might not afford a lawyer.
- Reducing Self-Representation: By offering competent representation in lower courts and tribunals, paralegals help reduce the number of self-represented litigants, which benefits the efficiency of the legal system.
- Specialized Expertise: Many paralegals bring years of experience and focused knowledge to their practice areas, enhancing the quality of legal services available to the public.
Becoming a Paralegal in Ontario
To become a licensed paralegal in Ontario, candidates must:
- Complete an accredited paralegal education program.
- Pass the Law Society of Ontario’s licensing examination.
- Maintain professional liability insurance and fulfill ongoing continuing education requirements.
This rigorous process ensures that Ontario’s paralegals are well-prepared to serve the public with integrity and competence.
Conclusion
Paralegals are an integral part of Ontario’s legal system. They fill a unique and essential role, providing independent, affordable legal services in specific areas of law. Whether representing clients in small claims court, advocating before administrative tribunals, or offering practical legal advice, Ontario’s paralegals help bridge the gap between the public and the justice system.
For anyone facing a legal issue within a paralegal’s scope of practice, these professionals offer a valuable, cost-effective alternative to traditional legal representation — one that is grounded in expertise, regulated by law, and dedicated to access to justice for all Ontarians.
