The applicant, a licensed paralegal, brought an application for judicial review seeking a declaration that he is authorized to process and file immigration applications under the federal Immigration and Refugee Protection Act (IRPA).
The Law Society of Ontario (LSO) maintained that By-Law 4 restricts paralegals to providing legal services only in connection with proceedings before the Immigration and Refugee Board (IRB).
The Divisional Court dismissed the application, finding that the LSO's interpretation of By-Law 4 was correct, that the by-law does not conflict with the IRPA under the federal paramountcy doctrine, and that the restriction does not violate section 7 of the Charter.
