The applicant sought a permanent injunction restraining the respondent, a property manager who regularly appeared before the Ontario Landlord and Tenant Board on behalf of landlords, from providing legal services without a licence.
The respondent argued he was entitled to appear as a landlord’s “personal representative” within the definition of “landlord” under the Residential Tenancies Act, 2006.
The court held that appearing before a tribunal as a paid representative to make submissions and examine witnesses constitutes the provision of legal services requiring a licence under the Law Society Act.
The term “personal representative” in the Residential Tenancies Act was interpreted in its traditional estates law sense and does not include a paid property manager.
A permanent injunction was issued restraining the respondent from providing legal services without a licence.