On March 19, 2013 a decision was released by the Superior Court of Justice between The Law Society of Upper Canada v. Mr. Enzo Chiarelli (2013 ONSC 1428 (CanLII)) stating that Property Managers were not to appear at the Landlord and Tenant Board as representatives as they were not licensed to do so.
Mr. Chiarelli was in the property management business and appeared before the Landlord and Tenant Board regularly as “personal representative” of the Landlord. On one occasion Mr. Chiarelli was in the Landlord and Tenant Board when the tenant he was opposing challenged his standing as a legal representative. The Board member on the matter agreed with the Tenant and said Mr. Chiarelli was a paid legal representative giving legal advice and needed a licensed with the Law Society of Upper Canada.
The matter was taken to the Superior Court by Mr. Chiarelli. The Law Society of Upper Canada became involved and asked for a permanent injunction against Mr. Chiarelli from practicing without a license. The Law Society of Upper Canada was granted their injunction which prevented Mr. Chiarelli from providing legal services in Ontario without a license.
The concept behind the judgment is that the property management company was taking a fee to represent the landlord including maintenance. Although there was not a direct payment of monies for legal services, it was tied into the overall payment for services and therefore the landlord was indirectly paying for legal services. In Ontario, in order to be able to provide legal services, one must be licensed with the Law Society of Upper Canada