North York Paralegal 'Excited' Services could Expand to Include Family Law

Published in the North York Mirror January 16, 2018.

A North York based paralegal is ‘excited’ that his seven-year fight to have his profession be allowed to offer some family law services to clients is one step closer to fruition.

The Law Society of Ontario, which regulates lawyers and paralegals, voted last month to commit to develop a special license which would support training for paralegals in dealing with some family law services.

“I’m excited,” said Marshall Yarmus of Civil Litigations Paralegal Services. “Finally – it’s been seven years working at this.”

The special licence will support training in navigating the court process, form completion, investigating forms such as financial, motions to change, and uncontested divorces, and possibly other areas outside the courtroom, he said.

“(Family law) is the one area I get the most phone calls about,” said Yarmus, a paralegal for the past 21 years who currently works near Bathurst Street and Lawrence Avenue. “People can’t afford lawyers or can’t afford to keep lawyers on their case.”

The Dec. 1 decision followed a report from the former chief justice of the Ontario Court of Justice, who was tasked by the law society and the Attorney General to consider whether a broader range of service providers could deliver certain family legal services.

The report prepared by Justice Annemarie Bonkalo noted 21 recommendations, including a special licence to allow paralegals to provide certain types of family legal services such as custody and simple divorces without property.

In 2014 to 2015, more than 57 per cent of Ontarians did not have legal representation in family court, according to the Law Society of Ontario.

Currently, paralegals can act in small claims court, on non-criminal provincial offences, in criminal matters where the maximum penalty doesn’t exceed six months in prison and/or a $5,000 fine, and before administrative tribunals.

Details remain vague and a timeline has not been set, but Yarmus estimates it will be a “couple years” before paralegals are allowed in family court, adding he’s in favour of specialized licenses.

“If we can pass the special test, then we should be allowed (to deal with family law),” he said.

by Fannie Sunshine

Fannie Sunshine is a reporter for Metroland Media Toronto