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ARTICLE · 11 JUNE 2015

Paralegal Rights Of Appearance At Arbitration In Ontario

Hassell Arbitration
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Can a paralegal represent a party in an arbitration pursuant to Ontario's Arbitration Act, 1991? It appears the answer to this question is yes.

CanadaLitigation, Mediation & Arbitration
Michael Hassell
Michael Hassell

Overview

Can a paralegal represent a party in an arbitration pursuant to Ontario's Arbitration Act, 1991 (the "Arbitration Act")?

It appears the answer to this question is yes as the by-laws pursuant to the Law Society Act which determine a paralegal's scope of practice include the right to appear before tribunals established by an Act of the Legislature of Ontario and an arbitral tribunal falls into this category as it is empowered by the Arbitrations Act.

Furthermore, it appears that paralegals can represents parties where more than $25,000 is at stake as a monetary limit of $25,000 is specific to Small Claims Court matters.

There are strong policy arguments in favour of paralegal representation in arbitrations and party autonomy favours paralegal representation.

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