Section 26 of the Court of Justice Act provides that a party may be represented in a proceeding be a person authorised under the Law Society Act to represent the party. However, if the person is not licensed under the Law Society Act, the court may exclude that person from appearing on behalf of a party if the court finds that the unlicensed person is not competent to properly represent the party or does not understand and comply with the duties and responsibilities of an advocate.
Example of licensed persons are lawyer and paralegals. Lawyer are the persons who have been called to the Bar of Ontario and are licensed to practise law in Ontario. Paralegals are non-lawyers agents who are licensed to provide legal services to clients for fee in Ontario.
Non-licensees may provide legal services to the public if they fall within any of the exemptions set out in By-Law4.s.30:
1. An individual who is employed by a single employer that is not a licensee or a licensee firm, who provides legal services only for and on behalf of the employer, and does not provide and legal services to any person other that the employer.
2. A law student who volunteers in or is completing a clinical education course at a student legal aid services society, provides legal services through the clinic's designated community only, and acts under the direct supervision of a lawyer.
3. Any individual whose profession or occupation does not include the provision of legal services or the practise of law: who provides legal services only occasionally for or on behalf of a related person , a friend, or a neighbour: and does not receive any form of compensation or benefit for providing those legal services.
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