Rights of Appearance Framework

Law students, candidates in the lawyer licensing process, and other graduates of law schools who are not licensed to practise law are prohibited from appearing before Ontario courts and tribunals unless explicitly permitted by law or specified on this page.

Ontario courts and tribunals control their own processes. While this Rights of Appearance Framework delineates specific situations where candidates in the lawyer licensing process and law students are permitted to appear according to the Law Society's governing legislation and by-laws, it is recommended to (i) refer to relevant enabling legislation and the rules of practice or procedure of the court or tribunal and (ii) contact the court or tribunal to seek express permission when possible.

Table of contents

Student or candidate status

1. Articling students, Law Practice Program and Programme de pratique du droit students, and candidates working under an approved Supervision Agreement
2. Integrated Practice Curriculum students
3. Law students enrolled in an accredited Canadian law school
4. Licensing candidates who have completed their experiential training program requirement and are awaiting licensure
5. Provision of legal services before registering in the lawyer licensing process

Details of Rights of Appearance

1. General guidelines for all appearances
2. Civil law matters (except family law matters)
3. Criminal law matters
4. Family law matters (including Family Law Pilot Project)
5. Administrative law matters before tribunals
6. Federal Court matters

Student or Candidate Status

I. Articling students, Law Practice Program and Programme de pratique du droit students, and licensing candidates working under a Supervision Agreement

A candidate who is registered in the Law Society of Ontario’s lawyer licensing process may appear before Ontario courts and tribunals on certain matters if the candidate is employed or works under the direct supervision of a licensed lawyer in one of the following three circumstances:

1. the candidate is serving under an approved Articles of Clerkship;
2. the candidate is enrolled in the Law Practice Program (LPP) or Programme de pratique du droit (PPD) and is currently engaged in the candidate’s work placement term; or
3. the candidate is serving under a Supervision Agreement.

Candidates in these three categories have the same rights of appearance. Candidates in these categories appearing before a court or tribunal must identify their status accurately. For example, they may identify themselves as

• a “student-at-law” or “Law Society of Ontario licensing process candidate” if in category (a), (b), or (c);
• an “LPP student,” “PPD student,” “Law Practice Program student,” or “Programme de pratique du droit student” if in category (b); or
• an “articling student” if in category (a).

II. Integrated Practice Curriculum students

Students who are enrolled in an Integrated Practice Curriculum (IPC) program and are currently engaged in their work placement term have the same rights of appearance as those granted to lawyer licensing process candidates in the three categories above.

Students who are enrolled in an IPC program but who are not at the time engaged in their work placement term have the same rights of appearance as other law students who are currently enrolled in an accredited Canadian law school.

IPC students appearing before a court or tribunal must identify their status accurately. For example, they may generally identify themselves as a “law student,” but when they are appearing while engaged in their work placement term, they may identify themselves as an “IPC student” or an “Integrated Practice Curriculum student.”

III. Law students enrolled in an accredited Canadian law school

A law student who is enrolled in an accredited Canadian law school may appear before Ontario courts and tribunals on certain matters if the law student is employed or works under the direct supervision of a licensed lawyer. Law students appearing before a court or tribunal must identify their status accurately. For example, they may identify themselves as a “law student” or “summer student.”

Individuals who are defined as “non-licensees” under By-law 7.1, including those not enrolled in an accredited Canadian law school, are not permitted to appear before Ontario courts and tribunals except as specifically provided by law.

Supervision requirements

Part I of Law Society of Ontario’s By-Law 7.1 sets out the tasks and functions that a Canadian law student may perform and the level of supervision that is required when the law student is performing those tasks.

It is the supervising lawyer’s responsibility to set the parameters within which the law student operates. In determining what to delegate to law students, supervising lawyers should be guided not only by Part I of By-Law 7.1, but also by section 6.1 of the Rules of Professional Conduct.

Rights of appearance

Law students have many of the same rights of appearance as lawyer licensing process candidates. However, the provisions related to the family law pilot project that permit attendance without advance permission from the court are not applicable to law students (other than Integrated Practice Curriculum students while they are engaged in their work placement term).

Supervising lawyers should interpret the rights of appearance having regard to the more limited training, experience, and ability of law students as compared to lawyer licensing process candidates.

Examples

The following is a non-exhaustive list of matters for which a law student may appear provided that the law student is properly supervised by a lawyer as required by By-Law 7.1 and it is appropriate given the circumstances of the matter:

1. matters in the Small Claims Court;
2. applications for adjournments in the Ontario Court of Justice on criminal law matters; 
3. prosecutions under the Provincial Offences Act in the Ontario Court of Justice;
4. matters before tribunals in Ontario, subject to any applicable rules, procedures, or practice directions of those tribunals; and,
5. family law matters before the Ontario Court of Justice, but only if the student appears as a representative of a Student Legal Aid Services Society (SLASS) in accordance with the guidelines for such appearances.

For more information on the guidelines for appearances on family law matters, students should contact their SLASS.

IV. Licensing candidates who have completed their experiential training program requirement and are awaiting licensure

Pursuant to the Law Society’s by-laws, persons who are not licensed to practise law in Ontario may only provide legal services in certain circumstances. The unauthorized practise of law or provision of legal services is prohibited by Ontario law and may result in serious consequences.

Candidates who have completed their experiential training program requirement and are awaiting licensure are prohibited from providing legal services that may only be provided by a lawyer and from holding themselves out as a lawyer.

Without limiting the generality of the foregoing, a candidate awaiting licensure as a lawyer in Ontario must not

• give legal opinions;
• sign letters or documents that properly require a lawyer’s signature (e.g., letters that contain a legal opinion and/or legal advice);
• make appearances in court that may be made only by a lawyer;
• allow the candidate to be referred to as a lawyer; or
• fail to clearly correct anyone who appears to have the mistaken belief that the candidate is a lawyer. 

The above restrictions prohibit candidates from having their names submitted for publication in telephone directories, law lists, etc., until they have been called to the Bar. Similarly, a candidate’s name may not appear on any sign, letterhead, business card, etc., that holds the candidate out as qualified to practise law in Ontario until the candidate has been licensed to practise law in Ontario. Candidates must take all reasonable steps to correct any posting (such as a client testimonial) of which they become aware that refers to them as a lawyer.

Supervision Agreements

Candidates who wish to continue providing legal services under the direct supervision of a licensed lawyer after their experiential training is complete but before licensure may do so under certain circumstances by entering into a Supervision Agreement. See the Supervision Agreement webpage for more information.

V. Provision of legal services before registering in the lawyer licensing process

Persons who have not yet obtained their NCA Certificate of Qualification and/or are not registered and enrolled as a candidate in the Law Society’s lawyer licensing process are not permitted to provide legal services in Ontario and are not permitted to appear on behalf of clients before Ontario courts and tribunals.

Any such persons who are considering employment in a legal capacity in Ontario before entering the lawyer licensing process and commencing employment in an articling placement or LPP work placement should carefully review By-Laws 4 and 7.1 to understand the scope of the tasks and functions they may be assigned and the supervision required. Potential supervising lawyers should also conduct the same review.

Details of rights of appearance

Articling students, students engaged in the LPP/PPD work placement term, IPC students engaged in their work placement term, law students, and candidates working under a Supervision Agreement may appear before Ontario courts and tribunals on certain matters, which are set out in non-exhaustive lists below.

VI. General guidelines for all appearances

1. Articling principals and supervising lawyers must ensure, in each case where candidates or students are instructed to appear before courts or tribunals, that:
   1. the attendance of the articling principal or supervising lawyer is not necessary to secure the client’s rights or assist the court (or for any other reason);
   2. the candidate or student is adequately supervised;
   3. the matter is appropriate for the candidate’s or student’s training, experience, and ability; and
   4. the candidate or student is properly prepared.
2. Students, candidates, supervising lawyers, and articling principals must comply with the relevant provisions of the Law Society’s By-law 4 and By-law 7.1.
3. Candidates, supervising lawyers, and articling principals must comply with the Rules of Professional Conduct.
4. Ontario courts and tribunals control their own processes regarding who may appear before them. Although the Law Society’s Rights of Appearance Framework sets out certain matters for which the Law Society’s governing legislation and by-laws permit candidates and students to appear, the Law Society strongly recommends that students, candidates, articling principals, and supervising lawyers consult any applicable enabling legislation and rules of practice or procedure of the court or tribunal in question, or contact the court or tribunal in advance, to obtain express permission whenever possible.
5. Licensees supervising students who are not candidates or IPC students engaged in their work placement term but are enrolled in a degree program at a Canadian law school accredited by the Law Society must also review the information on rights of appearance for additional information regarding the tasks that may be delegated to law students.

VII. Civil law matters (except family law matters)

1. Candidates are permitted to appear on the following civil law matters (except for family law matters, which are outlined in section VIII. below):
   1. Consent motions and other matters on consent, including references and assessments of costs (with the exception of those set out in section VI.2. below).
   2. Matters brought without notice to the opposing party before the Ontario Court of Justice and before the Associate Judges and Registrars of the Superior Court of Justice, provided no substantial rights of the parties will be affected.
   3. Simple contested interlocutory motions before the Ontario Court of Justice and before the Associate Judges and Registrars of the Superior Court of Justice, unless the result of such interlocutory motion could be to finally dispose of a party’s substantive rights by determining the subject matter in dispute.
   4. Motions to dismiss an action, on behalf of a responding party only, if such relief is merely alternative to the primary relief sought on the motion, and if there is no reasonable prospect that dismissal of the action will be ordered.
   5. Subject to the discretion of a judge of the Superior Court of Justice, on the passing of accounts in estate matters.
   6. Examinations for discovery, examinations in aid of execution, examinations of witnesses on pending motions and cross-examinations on affidavits in support of interlocutory motions.
   7. Assignment court matters.
   8. Matters before the Small Claims Court, including pre-trial conferences.
   9. Consent motions and other matters before a Registrar at the Court of Appeal for Ontario.
   10. Status hearings in the Superior Court of Justice.

Explanatory notes — civil law matters

1. With respect to section VI.1.iii., candidates should only appear on matters that are truly interlocutory in nature. The question of whether a matter is interlocutory or final in nature is a matter of law.
2. Candidates are not permitted to appear on any of the following matters:
   1. Motions for certificates of pending litigation.
   2. Interlocutory injunctions brought without notice to the opposing party.
   3. Contested motions to strike pleadings on the ground of no reasonable cause of action or defence (except as set out in section VI.1.iv.).
   4. Contested motions for summary judgment, default judgment, or dismissal on any ground (except as set out in section VI.1.iv.).
   5. Pre-trial conferences (except as set out in section VI.1.viii.).
   6. Motions before a judge at the Superior Court of Justice.
   7. Proceedings in the Divisional Court.

VIII. Criminal law matters

Candidates are permitted to appear on the following criminal law matters:

1. Ontario Court of Justice
   1. Summary conviction matters that were punishable by a maximum of 6 months’ imprisonment immediately before September 19, 2019, and for which the accused was able to appear by agent pursuant to s. 802.1 of the Criminal Code (a list of offences may be found here).
   2. Summary conviction matters in respect of an offence under ss. 320.13(1), 320.16(1), 320.17, or 320.18(1) of the Criminal Code.
   3. Remands and consent adjournments on indictable matters.
2. Superior Court of Justice
   1. Remands and consent adjournments as permitted by the presiding judge.
3. Youth Criminal Justice Court
   1. Summary conviction matters, subject to the qualifications in VII.1. above.
4. Provincial Offences (Quasi-Criminal)
   1. Matters under the Provincial Offences Act, but not appeals, unless the appeal is before a judge of the Ontario Court of Justice.

Explanatory notes — criminal law matters

1. Section VII. reflects amendments to By-Law 4 that preserve the Rights of Appearance for candidates and students that existed prior to September 19, 2019, the date of the coming into force of certain provisions of Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts. Bill C-75 amended the default maximum penalties for summary conviction offences.
2. Sections VII.1. to 4. should not be interpreted to confer upon a candidate the unrestricted right to appear on a summary conviction trial in all instances. The articling principal or supervising lawyer is responsible for providing effective supervision to the candidate having regard to all the circumstances of the situation, including the complexity of the matter and the possible consequences to the accused.
3. Where an enactment creates an offence, the offence shall be deemed to be an indictable offence if the enactment provides that the offender may be prosecuted for the offence by indictment.
4. The Criminal Code sets out a number of offences where the Crown may elect to proceed either by way of summary conviction or by way of indictment. In terms of classification, the offence is an indictable offence until the Crown elects to proceed by way of summary conviction (Interpretation Act, R.S.C. 1985, c. I-21, s. 34(1)).
5. Since it is rare that a Crown will make an election to proceed by summary conviction in bail court, candidates are not permitted to represent persons in bail hearings or assist persons with respect to releases on bail.

IX. Family law matters (including the Family Law Pilot Project)

Family law proceedings in the Superior Court of Justice and the Ontario Court of Justice are governed by the Family Law Rules (FLRs). Rule 4 of the FLRs currently provides that a party may be represented by a person who is not a lawyer, but only if the court gives permission in advance.

The Superior Court of Justice and the Ontario Court of Justice have issued Notices to the Profession that support the Family Law Pilot Project. The pilot project is in effect beginning January 17, 2022, until further notice from the Law Society or the courts. In addition, the applicability of the pilot project in a specific case is subject to the order of a judge or associate judge.

Family Law Pilot Project details

During the Family Law Pilot Project, certain individuals are permitted to appear in court for specific family law matters without the advance permission of the court. These include articling students, LPP/PPD students during their work placement, candidates under supervision agreements, and students enrolled in an IPC program currently in their work placement term. They are referred to as "Permitted Candidates" and can handle matters listed under "Advance Permission Not Required but Stand-By Availability Required" below.

Additionally, these Permitted Candidates are only permitted to appear in respect of the items set out under the heading “Advance Permission and Accompaniment Required” below, if they have received advance permission from the court and are accompanied by a supervising lawyer.

Participating articling principals, supervising lawyers, IPC students, and Lawyer Licensing Process candidates are all responsible for meeting the provisions applicable to the family law pilot project.

Advance permission not required but stand-by availability required

1. First appearances.
2. Rule 14B motions for consent orders or other procedural, uncomplicated, or unopposed matters, including requests regarding service and extension of timelines.
3. Attendances to speak to matters on consent, including consents to incorporate settlements reached through negotiation, mediation, and minutes of settlement.
4. Case conferences (including conferences before Dispute Resolution Officers) and “to be spoken to” lists.
5. Contested adjournments.
6. Motions relating to financial disclosure.
7. Motions to appoint the Office of the Children’s Lawyer, except for appointments under the Child, Youth and Family Services Act (CYFSA).
8. Motions relating to questioning and undertakings.
9. Preparing submissions and attendances to address costs.
10. Assignment court/audit court, to confirm a trial is ready to proceed.
11. Any step in a Motion to Change related solely to child support with a T4 employee support payor (except for discretionary claims pursuant to sections 3(2), 4, 7, 8, 9, or 10 of the Child Support Guidelines).
12. Form 15D Consent Motions to Change Child Support.
13. Appearances to settle disputed orders.
14. Attending on refraining motions either for the Family Responsibility Office, Ontario Works, or the support payor.
15. Support enforcement proceedings including steps relating to final disposition.

Advance permission and accompaniment required

1. Any matter involving the CYFSA, Hague Convention on the Civil Aspects of International Child Abduction, or other concerns related to child abduction or wrongful retention.
2. Anything that finally disposes of a matter, including motions for summary judgment, except as otherwise provided above.
3. A settlement conference, trial scheduling conference, or trial management conference.
4. Focused hearings or trials.
5. Any case that includes an allegation of family violence.
6. Any case where a party on either side is under a disability.

Explanatory notes — family law matters

1. The presiding judge retains discretion to permit or refuse a candidate’s or IPC student’s attendance. If the presiding judge decides that the candidate or IPC student should not proceed with the matter without the involvement of the supervising lawyer, the candidate or IPC student shall ask that the matter be stood down briefly to enable the supervising lawyer to address the matter. Where requested, the candidate or IPC student shall notify the judge if the supervising lawyer is not immediately available to attend in person and, if so, of the approximate amount of time it will take for the supervising lawyer to be available in person.
2. Articling principals and supervising lawyers must ensure all of the following:
   1. the candidate or IPC student is adequately supervised, with ongoing extensive training and monitoring with respect to their court representation and activities, including in respect of both substantive and procedural family law
   2. the matter is appropriate for the candidate or IPC student’s training, experience, and ability
   3. the candidate or IPC student is properly prepared and familiar with the client’s file
   4. the candidate or IPC student has authority from the client to speak to the issues within the file that are to be addressed in the court appearance, including the resolution of those issues on consent. If issues arise outside of those that were expected to be addressed by the court, the supervising lawyer must be available to speak to the matter (on stand-by where accompaniment is not required).
3. The articling principal, the supervising lawyer, or a lawyer within the firm where the placement is located must be the counsel of record for the matter before the court.
4. Where a supervising lawyer is not required to accompany the candidate or IPC student under the above provisions, a lawyer with direct responsibility for the file must be available on stand-by to speak to the judge if required. Stand-by means that the lawyer is available to appear in court at the time that has been scheduled for the event, either virtually, by telephone, or in person, if required by the court.
5. Candidates and IPC students appearing before the court must indicate to the court that they are appearing under the Family Law Pilot Project and are within the rights of appearance. Where the supervising lawyer or articling principal is not in attendance, the candidate or IPC student must confirm to the judge at the start of the proceeding that the supervising lawyer is available on stand-by.
6. When appearing pursuant to the family law pilot project, IPC students are deemed to be subject to the Rules of Professional Conduct in the same way as a lawyer licensing process candidate is subject to the Rules of Professional Conduct.
7. Candidates, IPC students, articling principals, and supervising lawyers are reminded that they must comply with By-Law 4 and By-Law 7.1, as applicable.

X. Administrative law matters before tribunals

Candidates are permitted to appear before federal and provincial boards, agencies, and administrative tribunals in Ontario (collectively, “tribunals”) on appropriate matters, subject to any applicable legislation, rules, procedures, or practice directions of those tribunals.

XI. Federal Court Matters

Candidates are not permitted to appear on matters before the Federal Court.