Simon's Legal Resources

Representation - Articling Students

. Yan v. Ministry of The Attorney General et al.

In Yan v. Ministry of The Attorney General et al. (Ont Div Ct, 2026) the Ontario Divisional Court considered the propriety of an articling student to represent to Crown in Small Claims Court:

[25] The primary basis for this claim was that representation by a summer student or an articling student was “illegal”. I find no error in the motion judge’s finding that there is nothing improper in the supervised summer law student or articling student representing the Crown in the Small Claims Court action and therefore no meaningful chance of success at trial.

[26] Under the Law Society Act, the term "person who is authorized to practise law or provide legal services in Ontario" includes "a person who is not a licensee but is permitted by the by-laws to practise law as a barrister and solicitor or provide legal services in Ontario."

[27] Section 62 (0.1) of the Law Society Act grants the Law Society of Ontario ("LSO") the authority to create by-laws governing students and prescribing individuals or categories of individuals who are allowed to practise law or provide legal services in Ontario without being licensed. An articling student is permitted to appear before the Small Claims Court. Section 34 of the LSO By-Law 4 provides that a student under article of clerkship may, without a licence, provide legal services in Ontario under the direct supervision of a licensee who holds a Class L1 licence.

[28] A summer law student is also permitted to appear before the Small Claims Court. Section 2.1(1) of the LSO By-Law 7.1 states that a licensee who practices law within the Government of Ontario may assign to a Canadian law student tasks and functions in connection with the licensee's practice of law.

[29] The Law Society of Ontario Rights of Appearance Framework specifies that articling students and law students enrolled in an accredited Canadian law school are permitted to appear on matters before the Small Claims Court. Counsel at the motion was supervised by Counsel at CLOC as noted in the transcript.