Paralegal Services Explained: What Legal Help Is Within the Paralegal Scope of Practice?

Question: What legal services can a paralegal provide in Ontario?

Answer:   Paralegals, such as those at Swalm Paralegal Professional Corporation, are licensed to offer legal services in areas including Small Claims Court, Provincial Offences Court, and various administrative tribunals.  With their ability to represent clients directly, they provide essential access to justice at an affordable rate, helping individuals navigate the legal system confidently.

What May Paralegals Do?

In Ontario, lawyers are licensed to practice law and paralegals are licensed to provide legal services by the Law Society of Ontario.  While lawyers may practice law in any area, most focus their practice in a general area such as corporate law, real estate law, wills & estates, etc., paralegals are restricted in the areas of law that they may provide legal services.

A licensed paralegal may offer legal services and act as representative in matters falling within the jurisdiction of the Small Claims Court and the Provincial Offences Court as well as most tribunals, meaning the various agencies, boards, and commissions, that provide adjudication involving governance and regulation of specific legal issues.

While a paralegal is generally thought of as a paraprofessional who assists qualified lawyers in their legal work, in some jurisdictions such as Ontario, paralegals are individually licensed by the Law Society of Ontario and are authorized to provide legal services directly to the public.  Accordingly, the definition of "paralegal" varies by locale.  In the United States, paralegals are without authorization to offer legal services in the same way as attorneys, equally paralegals in the United States are without status as officers of the court.  In contrast, in Ontario, paralegals are licensed and regulated similarly to the manner in which lawyers are licensed and regulated.  In Ontario a paralegal license authorizes the paralegal to provide a broad scope of permitted legal services to the public and to appear before certain lower level courts and administrative tribunals.

Accordingly, paralegals are unlike "law clerks" whereas law clerks are unlicensed and unable to directly serve the public.  Instead, paralegals are licensed practitioners considered as officers of the court and as a formal part of the legal system.  Paralegals are automatically granted Commissioner status and paralegals may also become a Notary Public and act as a Justice of the Peace; however, only lawyers may become Judges.

Paralegals must carry mandatory insurance and provide proof of such insurance coverage to the Law Society of Ontario before beginning to provide legal services and thereafter on an annual basis.

It is unlawful for paralegals in Ontario to independently practice in an area of law that is permitted only for lawyers; however, with affordable access to justice as a signifcant issue of concern for many Canadians it appears that a broader range in scope of practice for paralegals may continue to develop.