Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 8 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

mistake on representative
Author Message
PostPosted: Mon Jul 21, 2014 3:48 pm 
Offline
Newbie

Joined: Mon Jul 21, 2014 3:42 pm
Posts: 1
I had to make a request for trial for her ticket for my mom since she's not in the country. I think I accidentally put my info down in the representative section and I don't know what to do. This is my first time doing this so I wasn't sure about what I was doing. I was confused about what it means so I wrote down my name and info on it.


Top
 Profile  
 
Re: mistake on representative
PostPosted: Fri Oct 24, 2014 11:03 pm 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
It just means that you said you are going to represent her in court.

A friend or family is allowed to do this, you will just need a note signed by her saying that she wants you to represent her.

She can still hire lawyer or paralegal at anytime in the future if she wants, and she can choose to defend herself if she wants.

I don't think it is anything you need to worry about.

_________________
+++ This is not legal advice, only my opinion +++


Top
 Profile  
 
Re: mistake on representative
PostPosted: Sat Oct 25, 2014 11:34 am 
Offline
Sr. Member
User avatar

Joined: Fri Oct 11, 2013 5:46 pm
Posts: 279
If you're not a lawyer or paralegal, you can only represent your mom for a guilty plea or adjournment in court; nothing else. You certainly cannot represent her at trial or any Charter motions. Section 82 of the POA allows a defendant to act by representative. However, section 1(1) defines "representative" as being a person authorized under the Law Society Act to represent a person in that proceeding. So, that only includes lawyers and paralegals.

Some courts are quite strict on this rule since allowing laypeople to represent defendants would create a loophole against the system of paralegal regulation. After all, anyone could then represent another in court; thereby negating the obligation of paralegal regulation. Unfortunately, some people think that because they saw a layperson enter a guilty plea on a defendant's behalf that means anyone can represent the defendant for the entire proceedings; they cannot.


Top
 Profile  
 
Re: mistake on representative
PostPosted: Sat Oct 25, 2014 11:40 am 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
That is incorrect ... a friend or relative can represent somebody at trial. The exception is for indictable criminal offences only.

The Law Society of Upper Canada By-Law 4, Part 5, Section 30, Sub-Section 5

By-Law 4 - Licensing

Part V - PROVIDING LEGAL SERVICES WITHOUT A LICENCE

Providing Class P1 legal services without a licence
30.
(1) Subject to subsection (2), the following may, without a licence, provide legal services in Ontario that a licensee who holds a Class P1 licence is authorized to provide:

Acting for friend or neighbour
5. An individual,
i. whose profession or occupation is not and does not include the provision of legal services or the practice of law,
ii. who provides the legal services only for and on behalf of a friend or a neighbour,
iii. who provides the legal services in respect of not more than three matters per year, and
iv. who does not expect and does not receive any compensation, including a fee, gain or reward, direct or indirect, for the provision of the legal services

_________________
+++ This is not legal advice, only my opinion +++


Top
 Profile  
 
Re: mistake on representative
PostPosted: Sat Oct 25, 2014 5:39 pm 
Offline
Sr. Member
User avatar

Joined: Fri Oct 11, 2013 5:46 pm
Posts: 279
The Law Society Act and the Law Society's By-Laws are not the same thing. Section 1 of the POA is clear that only a person authorized under the Law Society Act to represent a person in that proceeding will qualify as a "representative" for POA matters. The Law Society Act therefore has to be clear and unequivocal on allowing a person such authorization. Yet, section 26(1) of the LSA only allows "Licensees" to practice law or provide legal services. It makes no exceptions (such as the Law Society by-law does!).

To hopefully clarify things, the by-law referred to is merely an internal governance rule for the Law Society of Upper Canada. And, by-law itself clearly mentions neighbours/friends as providing services "without a licence". In other words, they are NOT "licensees"; thereby not qualifying under Section 26(1) of the LSA and by extension also not meeting the definition of "representative" under the POA. Hence, only a paralegal or lawyer may provide legal services in POA proceedings. The moment anything beyond rudimentary matters are dealt with (e.g. trial and motions), that constitutes "legal services".


Top
 Profile  
 
Re: mistake on representative
PostPosted: Sat Oct 25, 2014 7:18 pm 
Offline
Sr. Member

Joined: Wed Mar 30, 2011 1:08 pm
Posts: 536
Location: Ontario
Leave it to lawyers to confuse everyone, now we need a lawyer to decipher if we need a lawyer.
The POA says your agent has to be "licensed" by the law society. The Law Society bylaw certainly does authorize a layperson under certain circumstances to act as a representative. The way I read it, it could be construed that the powers granted to a layperson are analogous to holding/granting a (limited) licence. The Upper Canada Law Society bylaws are not laws of the the province, but, at the very least I would say a compelling argument could be made (considering the fact the the Law Society is a self governing organization (empowered by the province) that exclusively authorizes who may practice law).


Top
 Profile  
 
Re: mistake on representative
PostPosted: Sat Oct 25, 2014 7:56 pm 
Offline
Sr. Member
User avatar

Joined: Fri Oct 11, 2013 5:46 pm
Posts: 279
Please disregard my earlier post(s) on this thread---I'm wrong! jsherk is correct.

In reviewing the laws again, its clear that the Law Society DOES have authority to make by-laws as to who is able to provide legal services without being licensed (i.e. section 62(0.1)(25)). Accordingly, the exception set out in by-law 30(5) of the Law Society is indeed valid per section 26.1(5) of the Law Society Act, and by extension is an exception to the general prohibition under section 26.1. What that means is that those neighbours/friends meeting the conditions of the by-law exception ARE indeed authorized under the LSA; thereby qualifying them as a 'representative' under the POA.

In other words, my earlier posts were wrong. I'm glad I learned this. Regardless, my apologies to everyone for causing doubt and confusion. Thanks for the correction, jsherk!


Top
 Profile  
 
Re: mistake on representative
PostPosted: Sat Oct 25, 2014 8:12 pm 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
I am not a lawyer or paralegal but I have represented my wife twice and a friend once at both trial and appeal (for highway traffic act offences). I presented arguments, made motions, cross examinied witnesses, etc. The Crown attorneys, justices of the peace and judges did not have any issues with me doing this.

_________________
+++ This is not legal advice, only my opinion +++


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 8 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Representative?

MisterD

3

573

Fri Apr 10, 2015 7:09 pm

Memo1 View the latest post

There are no new unread posts for this topic. Question regarding a representative in court?

diehardfan

6

2693

Wed Oct 21, 2009 1:27 pm

diehardfan View the latest post

There are no new unread posts for this topic. Ticket mistake?

[ Go to pageGo to page: 1, 2 ]

MadCow

17

2943

Wed May 21, 2008 9:08 am

MadCow View the latest post

There are no new unread posts for this topic. 2 tickets, one of them has a mistake...

gg60

7

498

Sat Aug 06, 2011 4:05 pm

iFly55 View the latest post

There are no new unread posts for this topic. My stupid mistake

Matt

2

1057

Thu Sep 29, 2011 2:36 am

Omega_Gin View the latest post

There are no new unread posts for this topic. Is this Careless or a Mistake?

jetblue

5

675

Tue Oct 11, 2011 4:42 pm

Squishy View the latest post

There are no new unread posts for this topic. Interpreter mistake

elohssa

3

1535

Fri Aug 31, 2012 3:27 pm

elohssa View the latest post

There are no new unread posts for this topic. what mistake should i look for in disclosure?

asadzahid

4

867

Fri Jun 20, 2014 11:03 am

asadzahid View the latest post

There are no new unread posts for this topic. Huge mistake ... paranoid now!!

bumbo

1

1839

Tue Apr 21, 2009 5:25 pm

FiReSTaRT View the latest post

There are no new unread posts for this topic. Spelling mistake on ticket

shuang05

2

757

Sun Sep 21, 2014 5:43 pm

JohnnyPublic View the latest post

There are no new unread posts for this topic. Possible Mistake on Traffic Ticket issued?

kanakea

3

884

Thu Jul 29, 2010 1:46 am

kanakea View the latest post

There are no new unread posts for this topic. Car pool lane mistake

alex1002

2

459

Sat Mar 30, 2013 7:19 pm

bend View the latest post

 


Who is online

Users browsing this forum: Yahoo [Bot] and 2 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.