The PSO Resolution Committee continues to file complaints on behalf of our members and we still have issues with the decisions made by Complaints Resolution Department. The decisions are contrary to the Paralegal Rules of Conduct, Ontario Business Corporation Act and the LSUC Act. this is frustrating for our members as they continue to see Business Corporations providing legal services.
Although we still see unauthorized practice of legal services, 3 years post regulation there has been some positive movement for our profession. In a recent case before Small Claims Court, a Claim was thrown out since it was filed by a corporation not licensed to provide legal services. Below is a summary of events:
Small Claims Court
Canadian Tire vs A.J. Alexandria
St. Catharines Credit Corporation Limited DBA Credit Bureau Services Canada sues A.J. Alexandria on behalf of Canadian Tire Bank. St. Catharines Credit Corporation is listed as agent of record.
Defence filed that St. Catharines Credit Corporation has no standing.
At first settlement conference, paralegal for St. Catharines Credit Corporation requested adjournment to amend claim replacing St. Catharines Credit Corporation with paralegal’s name which was done.
Second settlement conference held, sent to trial.
At trial deputy Judge ruled paralegal could not amend name of agent as original process was a nullity as St. Catharines had no standing to issue the claim as it was signed by employee of collection agency. The claim was dismissed without costs.
The Resolution Committee intends to continue to correspond with the LSUC to reach a clear understanding of their commitment to curb the unauthorized provision of legal services, be it by an individual or business corporation. The committee request that all members continue to forward their complaints to Rick Lammers attention as he says, "We can't stop now".
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