Court of Appeal Found that Mediator Practiced Law
The Ontario Court of Appeal recently released a decision upholding a lower court’s finding that a mediator had engaged in the unauthorized practice of law.
The Law Society of Upper Canada v. Boldt, 2007 ONCA 115 (CanLII) – February 16, 2007
Contempt of court – In a decision dated March 22, 2006, Hennessy J. found that the appellant was in contempt of an order dated September 1, 2000 – The order placed a permanent injunction on the appellant, restraining her from acting as a lawyer and in particular from preparing separation agreements – Hennessy J. found that the appellant had prepared documents that, notwithstanding their title of “MOU”, were prepared with the intention of affecting the legal rights and obligation of the parties who signed them – The appellant appealed the decision of Hennessy J. to the Ontario Court of Appeal (the “OCA”) – The OCA found that there was no merit in the appeal and dismissed it – The OCA held that the penalty phase should proceed before the motion judge and noted that it should have been completed before an appeal was made
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