Court of Appeal for Ontario

Citation: The Law Society of Upper Canada v. Boldt, 2007 ONCA 115 Date: 2007-02-22 Docket: C45174

Re: The Law Society of Upper Canada (Plaintiff/Respondent) – and – Maureen Boldt, Boldt Paralegal Services, 1079714 Ontario Ltd. carrying on business as Boldt Paralegal Services, 1211375 Ontario Inc. carrying on business as Boldt Paralegal and Mediation, and Victor Boldt (Defendants/Appellants)

Before: Borins, MacPherson and Juriansz JJ.A.

Counsel: Ian N. McLean, for the appellant Gregory P. Kelly, Q.C., for the respondent

Heard & Endorsed: February 16, 2007

On appeal from judgment of Justice Patricia C. Hennessey of the Superior Court of Justice dated March 22, 2006.

Appeal Book Endorsement

[1] The appellant appeals from the order of Hennessy J. dated March 22, 2006 finding her in contempt of the order of Bolan J. dated September 1, 2000. The motion judge concluded that the appellant has engaged in the unauthorized practice of law contrary to Bolan J.’s order and s. 50 of the Law Society Act, R.S.O. 1990, c. L.8.

[2] We see no merit in the appeal. The motion judge engaged in a thorough examination of the appellant’s conduct as well as the formal documents she prepared. Her conclusion that the conduct and documents, taken together, transgressed both the court order and the governing statute was correct.

[3] The appeal is dismissed. The penalty phase should now proceed before the motion judge. We observe that the penalty phase should have been completed before an appeal was taken to this court.

[4] Costs to the respondent fixed at $5000 inclusive of disbursements and GST.