Article on Harry — SCC dismisses Kopyto appeal on paralegal regulation

The above link is for an article that came to our attention belatedly. This article, published in the Canadian Lawyer Magazine, reports on the refusal of the Supreme Court of Canada to permit Harry Kopyto to seek leave to appeal the dismissal by the Ontario Court of Appeal of his jurisdictional challenge to the regulation by the Law Society of the paralegal profession implemented pursuant to the Access to Justice Act in 2007.

It may be that the optics of backing Harry Kopyto against Big Law in Ontario was too much for the Court to feel comfortable with. 

Although the Supreme Court gave no reasons for refusing leave to appeal, it did not award legal costs to the Law Society which claimed them.  This unusual step suggests that the Judges dealing with the matter believed that there was at least some merit to Harry’s challenge to expand access to the judicial system by ending the monopoly move by the Law Society to takeover its paralegal competitors.

The takeover continues to be unpopular with paralegals whose scope of practice has been shredded by their competitors as well as among the public at large who have lost access to more affordable paralegals in family law and other areas of practice. It is only a matter of time before renewed challenges to the lawyers’ monopoly over legal services bursts forth again.


Comments are closed.

%d bloggers like this: