The moving party sought an order authorizing a US attorney to conduct the examination and cross-examination of US-based delay experts at an upcoming trial in a construction lien reference.
The responding parties opposed the motion, arguing the Law Society Act prohibits non-licensees from providing legal services in Ontario.
The Master dismissed the motion, finding that the clear and precise language of section 26.1 of the Law Society Act removed any inherent jurisdiction of the court to permit a non-licensee to provide legal services, and a reference master has no greater discretion than the court.