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.
Mistake on representative
Re: Mistake on representative
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.
- highwaystar
- Sr. Member

- Posts: 380
- Joined: Fri Oct 11, 2013 5:46 pm
-
Posting Awards
Re: Mistake on representative
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.
Re: Mistake on representative
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
- highwaystar
- Sr. Member

- Posts: 380
- Joined: Fri Oct 11, 2013 5:46 pm
-
Posting Awards
Re: Mistake on representative
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".
Re: Mistake on representative
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).
- highwaystar
- Sr. Member

- Posts: 380
- Joined: Fri Oct 11, 2013 5:46 pm
-
Posting Awards
Re: Mistake on representative
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!
Re: Mistake on representative
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.
Similar Topics
-
-
-
- Representative?
- Posted in General Talk
- By MisterD on
- Replies: 3
-
-
-
- Ticket mistake?
- Posted in General Talk
- By MadCow on
- Replies: 17
-
-
-
- Huge mistake ... paranoid now!!
- Posted in Failing to stop for a school bus
- By bumbo on
- Replies: 1
-
-
-
- Possible Mistake on Traffic Ticket issued?
- Posted in General Talk
- By kanakea on
- Replies: 3
-
-
-
- right turn - mistake in municipality - Proctor/Bayview
- Posted in Failing to obey signs
- By snipes1974 on
- Replies: 1
-
-
-
- passed a flashing school bus stupid mistake
- Posted in Failing to stop for a school bus
- By daisy on
- Replies: 7
-
-
-
- 2 tickets, one of them has a mistake...
- Posted in General Talk
- By gg60 on
- Replies: 7
-
-
-
- My stupid mistake
- Posted in Failing to stop for a school bus
- By Matt on
- Replies: 2
-
-
-
- Is this Careless or a Mistake?
- Posted in Careless Driving
- By jetblue on
- Replies: 5
-
-
-
- Red light camera offence. Mistake with photo
- Posted in Red Light Camera Ticket
- By borisyeltsin on
- Replies: 3
-
-
-
- Improper Left Turn 141(6) --MISTAKE ON TICKET
- Posted in Improper left turn
- By AmbitionHurts on
- Replies: 2
-
-
-
- Interpreter mistake
- Posted in Prohibited turns
- By elohssa on
- Replies: 3
-
-
-
- Car pool lane mistake
- Posted in General Talk
- By alex1002 on
- Replies: 2
-
-
-
- Mistake: wrong offence marked on my traffic ticket
- Posted in Traffic Offences Outside Ontario
- By Shee on
- Replies: 2
-
-
-
-
- what mistake should i look for in disclosure?
- Posted in Prohibited turns
- By asadzahid on
- Replies: 4
-
-
-
-
Spelling mistake on ticket
- Posted in Following too closely
- By shuang05 on
- Replies: 2
-
-
-
-
- Multiple cars - can my car spotted by mistake
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By goodboy on
- Replies: 1
-
-
-
- Minor Mistake on Disclosure Form
- Posted in General Talk
- By coolspot on
- Replies: 6
-
Featured Topics
Construction Zone - Sped Up to Allow Traffic In - Speed Trap
Hello,
First time to the thread and I have a question about an offence that just occurred in Ontario.
I was driving along the 401 and an 80km/h zone came up with the usual "When Workers Present Disclaimer".
I slowed down - I was probably averaging 95km/h with traffic, but it was congested so no faster than that.
As I approached a bend in the 401, there were police on the side of the road. I am in the…
Speed traps
We all know that numerous police agencies around Ontario (and world for that matter) set up speed traps in inconspicuous locations to catch motorists who are speeding.
If you know of any speed traps that are in regular use please post them here for all to know and avoid speeding fines.
Format: Town, Location, Direction, known days of operation (if known).
For example: Toronto, Bloor and Younge,…
95km/h in E0 km/h zone - Fatal error??
I received a speeding ticket this past weekend, and although the officer was nice and gave my 6yo a coupon for a free slushy, I want to fight the ticket.
The officer wrote the offence as "95km/h in a posted E0 km/h zone" the "E" being what looks like a written backwards 3. Now I know and you can probably guess he intended to write an 8 but that is not what is there it is an incomplete 8 and…
help – an old version yellow ticket,effective or not?
Need some help as i was given a old version yellow ticket(Form4) with improper left turn by an officer last week, which is old version printed by 2009. Then two days later, the officer found me giving a new version ticket with color green(Form4), printed by 2012. The details on face pages for two tickets are similar, but back sides are different. My question is first yellow ticket is effective or…
what is Decatur Genesis II Select Directional VIP?
I was charged of speeding, but I don't know what the radar Decatur Genesis II Select Directional VIP is? please let me know what kind device is this and if any one have the manual can you give it to please pleaseeeee.
125km/h in a 80km/h zone - Interesting Day at Trial
Here's the story:
Oct 1 2009: charged with Speeding
Nov 19 2009: requested for a court date
Dec 22 2009: received a court date for Apr 11 2010
Dec 30 2009: Requested Disclosure
Feb 2 2010: requested follow-up on Disclosure
Feb 12 2010: recieved disclosure pickup
Feb 14 2010: pickup disclosure
Mar 4 2010: requested on the missing disclosure. Including Officer's train, Certification, Proceedure of…
How to avoid a speeding ticket!
Heres a great article from Yahoo Auto's.
Defense for Sign not Visible
Recently I got a ticket for disobey sign under the HTA. From where I turned on to the street, the sign was visible for less than 10 metres, during which time I was performing safety checks for upcoming turn. ( I'll post full details after I first get some advise. )
What is the best defense for this? I took some digital pictures but my camera does not do .raw photos and at that time I had not…
nailed with 144 km/h in a 100 zone, hwy 400
Hi All,
Hope that everyone is enjoying their long weekend.
A little advice is what brings me here.
On Friday evening, I was headed north on the 400. I'm sure as you can imagine this was a busy time to drive.
I was pulled over in a speed trap, the officer stated to me I was doing144 in a 100 zone . I didn't argue didn't say much. I was fairly shooken up.
What had happened is I ended up getting stuck in…
Improper Left Turn on a four-lane road
I was turning left from Creditview into the left lane of Argentia Road (in Missisauga), while a police cruiser driving the opposite direction turning right into the right lane of Argentia Road. As I saw the cruiser turning right into the right lane of Argentia Road, I also turned left into the left lane of Argentia Road. The officer stopped me and told me that I was wrong, I had to wait until…
49 Over on the 400 + some extra goodies...
So I was on my way home, going a solid 120 as usual in the fast lane. Someone decides to cut me off going less than 100. I do a quick double lane change and speed up unknowingly hitting apparently 150. After speeding for a mere 20 seconds, I am pulled over. Cop says he reduced the ticket to 49 over, I was charged $359 for that. Of course, my insurance isn't in my car... I had to take it out…
Improper Left Turn Offence (Yonge & Dundas)
Hello all,
After doing quite a bit of research, I stumbled across this forum and thought it would be a good idea to get some opinions about the situation that I currently find myself in. Hopefully some of you may have experienced this in the past and can provide me with some guidance for the best course of action. Thank you in advance for all your help. I greatly appreciate it.
So here's what…
Passing a car that was accelerating going downhill
I was driving on a two-lane Trans-Canada route where the indicated speed limit was 90 km/h and following a car for about 15 minutes. That car was going between 70 to 80 whenever there was a curve or a hill going up ahead. Passing was either not permitted or not safe in those sections. However, whenever there was an opportunity to pass that car, the driver would increase its speed to about 115…
Refund on towing fee related to dismissed parking ticket
Hello,
My elderly mother received a city bylaw ticket (Ottawa) for parking on private property. A tow trunk was at the scene to tow the vehicle, and they charged a "drop fee" to unhook the vehicle right away. The bylaw officer who issued the ticket was present and said that the ticket would get dismissed in court (as it was issued in error), and that there should be a way to apply to get the tow…
Black Thursday! I got 3 tickets in one trip!
I went to Huntsville for buying a horse trailer in Thursday.
Got 1 ticket of careless driving nearby east gate of Algonquin Park. They police said he received a complaint that my pickup truck hit the road shoulder and disturbed some gravel dust.
I found a police car traced me, so I turn to a roadside motel. After I parked my vehicle, and heading to motel office, the police car arrived gently…
Preparing for Trial - Inadequate Disclosure
My trial for a speeding ticket is coming up. I have followed recommendations off ticketcombat website and have sent 3 disclosure requests (without phone number) and have received nothing. At the day of trial it will be about 10 months since the ticket was issued.
I guess the first step will be to ask the court for an adjournment during the Motions, "Your Worship, I would like to ask for an…
Should I fight this ticket
Last week I was driving though downtown and because of the slippery / wet conditions could not stop when the light was turning yellow to red and slid in to the intersection. I was hit by another car (near the headlamp). None of us were injured, there was significat damge to the cars. The air bags did not deploy.
I was given a ticket that reads : Red Light - fail to stop - H.T.A sect 144 (18) Fine…
delusion on this board.
a few years ago, I posted about getting a 19+over ticket and said it was a ridiculous ticket since it was down a hill and everyone drives that 10-20 over.
Everyone here claimed I was outrageous to be driving over the limit by ANY amount and I was driving wildly for doing so. Since those two years have passed, I've stuck to the speed limit...guess what happens?
Literally every single car passes me…
O.P.P. subdued markings
For my 1,300 post, I present to you.....the newest vehicle at detachment
2009 Chev Tahoe




Are police cars equipped with radars to ticket us?
Hi everyone,
About a month ago, I got a funny situation where a cop made a u-turn to stop in a very showy fashion (that scared and surprised me) because he almost hit me while doing that.
Anyhow, he claimed that he metered me while he was driving towards me so he said his car is equipped to meter opposite coming cars as he drives. I filed the ticket and I was convicted within few days - an…
121 in 100 on construction need advice to choose strategy
Hello everyone,
My wife got a speeding ticket on a construction zone on Hwy 400 and I went to court to try to defend her.
I ordered the disclosure request and got it on the first trial.
The first trial my strategy was to say there was conflict and misunderstanding of road signs. The prosecutor told me I could not confirm that since I personally wasnt there the day of the offence, and my wife has to…
I'm going to Court and I need some guidance
So I had a guy turn across my lane into his driveway and I hit him. I'm going to court solo so I need any information at all regarding proceedings.
I clearly saw two police officers on scene and got disclosure from only one of their black-books even though they both took notes, one from me and one from him. He got a ticket which I will explain in the next paragraph. I don't see any driving history…
I Really Am Unlucky.
So Again, I really don't know how I'm attracting attention to myself, but I am.
Saturday at 1:30 in the morning I was pulled over on the 400 for 142 in a posted 100 Zone. Honestly, I know I was speeding, but I thought maybe 110-120 (I'm trying to clean up my act.) Anyways, Pulled over, Ticketed, Explained 3 options on the back, and we departed on our way.
One thing I noticed, which I have never…
Just received my disclosure in the mail.
Hey everyone. Back last summer I got a parking ticket for being within 3m of a fire hydrant. Funny thing is, I parked (in my estimation) at least far enough away from it, deliberately. There were no markings on the pavement but I can't believe I was within 10 feet of that thing (sorry I suck at metric.)
It's only $20 but I was ticked off 'cause I don't park in front of fire hydrants and don't…
Advice Needed
I have been charged with driving under suspension due to medical reasons, It was suspended in Mar and In apr I got a new car put it on the road and the License Breau said nothing to me to let me know it was still suspended. I have been to court 2x for this matter first time I asked for adjurnment to seek a resoultion, 2x I went I ask for another adjurnment to seek a resolution because the CA had…