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I have already had an exchange with Debra Thal, an expert that…

Customer Question
I have already had an...
I have already had an exchange with Debra Thal, an expert that I have happily dealt with. Her review of my question & an answer is preferred. Question: Can a person not licensed in Ontario or regd. with the Law Society of ON represent a client in a Small Claims Court in ON. Earlier response said "No".
Same question is asked again in light of new advice I got from another lawyer retained by me which implies that a Law Society by-law says a non-licensed person can represent:
this is a quote from a mesg:
Under the Law Society Act, section 26.1. persons not licensed under the Act are prohibited from practising law. However, some persons are exempt under the Law Society's by-laws. These include "persons who are not in the business of providing legal services and occasionally provide assistance to a friend or relative for no fee". The Law Society Act applies notwithstanding anything in any other statute.

quote Under the Courts of Justice Act, section 26, a party may be represented in a proceeding in the Small Claims Court by a licensee "but the court may exclude from a hearing anyone, other than a person licensed under the Law Society Act, appearing on behalf of the party if it finds that such person is not competent properly to represent the party..." This provision clearly contemplates non-licensee's representing individuals. Unquote
Look forward to a 'definite' answer -- many thanks!
Submitted: 8 years ago.Category: Canada Law
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Answered in 42 minutes by:
6/28/2010
Lawyer: Debra, Lawyer replied 8 years ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,030
Experience: Lawyer
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debra thal :

Great to hear from you again.

Your information is very well taken. I can only assume it`s correct.

It`s odd because I had an experience a while back in Small Claims Court when I was actually doing someone a favour and this issue came up with a Judge because there were paralegal students observing and during a recess for a few minutes this was actually discussed with the Judge.

It was that Judge`s view that ever since the Law Society started regulating paralegals only licenced paralegals could represent someone (as his/her agent).

But, based on your information it would seem that the Judge was not correct and that in fact, I was not either.

I am sorry about that.

Please do NOT accept this answer as I most assuredly should not be paid for it!

Customer:

Thanks for your response - and I noted re payment- thanks for being so far. Admittedly, even I did not read through the Society's by-laws. I will not "accept" this answer so that my balance remains intact. Nice interacting with you once again!

Customer:

Hi, Deb. As agreed, I will not "accept" the answer . I am not sure what to do to release my deposit. Appreciate advice, or pls do what you need to do to release the deposit.

Customer:

Sorry, I now see that the deposit has been released. Do I still need to Accept Answer?

debra thal :

The way the site operates is that you pay a deposit to your account to be able to see an answer.

But the money stays in your account until you either accept or ask for a refund.

So, you would see a payment through your credit card but the money should be in your account.

It did not come out of your account towards this question for sure as I would have been paid for this and I have not.

So, you can contact the admin if you think the money should be in you account and is not or if you want a refund.

I can ask for the refund for you if you like but I cannot know what's in your account so if there is a question about that then it's best to ask the admin yourself.

Thanks

Customer:

Many thanks for your note, Debra. The money is back there - when I initially asked this "re-question" the balance went from $33 to $7. Its back to $33.

Customer:

I guess there is no more aciton needed on anyone's part. Thanks again.

debra thal :

Great.

Also, it's possible because we've gone up and back on a chat that the site will think I've answered you.

So, I would not be surprised if you start to get automatic email reminders to accept this "answer". I am not able to shut them off because they are computer generated and are not actually from me.

If this happens please just understand that the site is sending you an automatic response and that you should just ignore them.

Thanks again.

Customer:

Thanks - got it. Any issues, I will contat their "admn."

debra thal :

Great.

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