jswizzle3737/ontario_laws_and_regs huggingface dataset:
49.51 (1) The Society, the licensee or any person affected by an order under section 49.46 or 49.47 may apply to the Superior Court of Justice to vary or discharge the order.  1998, c. 21, s. 21; 2002, c. 18, Sched. A, s. 12 (2); 2006, c. 21, Sched. C, s. 68. Notice (2) In addition to any person specified by the rules of court, notice of an application under this section shall be given to, (a)  the Society, if the Society is not the applicant; and (b)  the trustee, if an order has been made under section 49.47 and the applicant is not the trustee.  1998, c. 21, s. 21. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2002, c. 18, Sched. A, s. 12 (2) - 26/11/2002 2006, c. 21, Sched. C, s. 68 - 01/05/2007
49.52 (1) Sections 49.44 to 49.51 also apply, with necessary modifications, in respect of, (a)  a person who was and has ceased to be a licensee; and (b)  a person who was and has ceased to be a member and has never become a licensee.  2006, c. 21, Sched. C, s. 69. Same (2) Sections 49.44 to 49.51 apply to property that is or should be in the possession or control of, (a)  a person described in clause (1) (a), before or after the person ceases to practise law or provide legal services; or (b)  a person described in clause (1) (b), before or after the person ceases to practise law.  2006, c. 21, Sched. C, s. 69. Same (3) In applying sections 49.44, 49.45 and 49.47 to a person described in clause (1) (b), (a)  a reference to a professional business shall be deemed to be a reference to a law practice; (b)  a reference to a licence having been revoked shall be deemed to be a reference to a membership having been revoked; and (c)  a reference to a licence being under suspension shall be deemed to be a reference to rights and privileges as a member being under suspension.  2006, c. 21, Sched. C, s. 69. Definitions (4) In this section, “amendment day” means the day subsection 2 (6) of Schedule C to the Access to Justice Act, 2006 came into force; (“jour de la modification”) “member” means a member as defined in section 1, as it read immediately before the amendment day. (“membre”)  2006, c. 21, Sched. C, s. 69. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2006, c. 21, Sched. C, s. 69 - 01/05/2007 Outside Counsel
49.53 The Society shall be represented by a person who is not a bencher or employee of the Society in any proceeding under this Part before the Hearing Division, the Appeal Division or a court that concerns a bencher or employee of the Society.  1998, c. 21, s. 21; 2013, c. 17, s. 26. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 21 - 01/02/1999 2013, c. 17, s. 26 - 12/03/2014 PART III 50 Repealed: 2006, c. 21, Sched. C, s. 70. Section Amendments with date in force (d/m/y) 1991, c. 41, s. 4 - 25/11/1991; 1993, c. 27, s. 5 - 31/12/1991; 1998, c. 21, s. 23 - 01/02/1999 2006, c. 21, Sched. C, s. 70 - 01/05/2007 50.1 Repealed: 2006, c. 21, Sched. C, s. 70. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 24 - 01/02/1999 2006, c. 21, Sched. C, s. 70 - 01/05/2007 50.2 Repealed: 2006, c. 21, Sched. C, s. 70. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 24 - 01/02/1999 2002, c. 18, Sched. A, s. 12 (2) - 26/11/2002 2006, c. 21, Sched. C, s. 70 - 01/05/2007 Compensation Fund
52 In this section and in sections 53 to 59.5, “board” means the board of trustees of the Foundation; (“conseil”) “class proceeding” means a proceeding certified as a class proceeding on a motion made under section 2 or 3 of the Class Proceedings Act, 1992; (“recours collectif”) “Committee” means the Class Proceedings Committee referred to in section 59.2; (“Comité”) “defendant” includes a respondent; (“défendeur”) “Foundation” means The Law Foundation of Ontario referred to in section 53; (“Fondation”) “plaintiff” includes an applicant; (“demandeur”) “trustee” means a trustee of the board. (“administrateur”)  R.S.O. 1990, c. L.8, s. 52; 1992, c. 7, s. 1. Section Amendments with date in force (d/m/y) 1992, c. 7, s. 1 - 01/01/1993
53 (1) The corporation known as The Law Foundation of Ontario is continued as a corporation without share capital under the name The Law Foundation of Ontario in English and Fondation du droit de l’Ontario in French and shall consist of the trustees for the time being of the board.  R.S.O. 1990, c. L.8, s. 53 (1). Application of Not-for-Profit Corporations Act, 2010 (2) The Not-for-Profit Corporations Act, 2010 does not apply to the Foundation, except as may be prescribed by regulation.  2010, c. 15, s. 230 (2). Section Amendments with date in force (d/m/y) 2010, c. 15, s. 230 (2) - 19/10/2021
54 (1) The affairs of the Foundation shall be managed and controlled by a board of trustees consisting of five trustees of whom two shall be appointed by the Attorney General and three shall be appointed by the Society.  R.S.O. 1990, c. L.8, s. 54 (1). Quorum (2) Three trustees constitute a quorum.  R.S.O. 1990, c. L.8, s. 54 (2). Vacancies (3) Where there are not more than two vacancies in the membership of the board, the remaining trustees constitute the board for all purposes.  R.S.O. 1990, c. L.8, s. 54 (3). Remuneration (4) The trustees shall serve without remuneration, but each trustee is entitled to receive his or her actual disbursements for expenses incurred for any services rendered by him or her at the direction of the board.  R.S.O. 1990, c. L.8, s. 54 (4). Audit (5) The accounts and financial transactions of the Foundation shall be audited annually by an auditor or auditors appointed by the board.  R.S.O. 1990, c. L.8, s. 54 (5). Annual report (6) The board shall make a report annually to the Attorney General on the activities of the Foundation, including the report of the auditor under subsection (5), and the Attorney General shall lay the report before the Assembly if it is in session or, if not, at the next session.  R.S.O. 1990, c. L.8, s. 54 (6). Objects and funds
55 (1) The objects of the Foundation are to establish and maintain a fund to be used for any or all of the following purposes: 1.  Legal education and legal research. 2.  Legal aid. 3.  The establishment, maintenance and operation of law libraries. 4.  The provision of costs assistance to parties to class proceedings and to proceedings commenced under the Class Proceedings Act, 1992.  R.S.O. 1990, c. L.8, s. 55 (1); 1992, c. 7, s. 2. Derivation of funds (2) The funds of the Foundation shall be derived from, (a)  gifts, bequests and devises received by the Foundation under subsection 56 (2); (b)  money remitted to the Foundation under subsection 57 (3); (c)  money received by the Foundation as interest or other gain on joint accounts maintained under section 57.1; (d)  money paid to the Foundation under subsection 59.7 (3); and (e)  money resulting from the use, disposal or investment of money and other property mentioned in clause (a), (b), (c) or (d).  2006, c. 21, Sched. C, s. 72 (1). Application of funds (3) The board shall apply the funds of the Foundation for such of its purposes as the board considers appropriate, but at least 75 per cent of the net revenue received in each year under clauses (2) (b), (c) and (d) shall be paid to Legal Aid Ontario.  1998, c. 26, s. 106 (1, 2); 2006, c. 21, Sched. C, s. 72 (2); 2020, c. 11, Sched. 15, s. 56. Investment strategy (4) In making investments and entering agreements under clauses 56 (1) (a), (d) and (e), the board shall use its best efforts to maximize the return to the Foundation within the bounds of prudent financial management.  1994, c. 27, s. 49 (4). Section Amendments with date in force (d/m/y) 1992, c. 7, s. 2 - 01/01/1993; 1994, c. 27, s. 49 (1-4) - 01/03/1995; 1998, c. 21, s. 26 (1, 2) - 01/02/1999; 1998, c. 26, s. 106 (1, 2) - 01/04/1999 2006, c. 21, Sched. C, s. 72 (1, 2) - 01/05/2007 2020, c. 11, Sched. 15, s. 56 - 18/10/2021
57 (1) Every licensee who holds money in trust for or on account of more than one client in one fund shall hold the money in an account at a bank listed in Schedule I or II to the Bank Act (Canada), a credit union or central to which the
Credit Unions and Caisses Populaires Act, 2020 applies or a registered trust corporation, bearing interest at a rate approved by the trustees.  2006, c. 21, Sched. C, s. 74 (1); 2020, c. 36, Sched. 7, s. 316 (1). Interest in trust (2) The interest accruing on money held in an account referred to in subsection (1) shall be deemed to be held in trust for the Foundation.  R.S.O. 1990, c. L.8, s. 57 (2). Payment to Foundation (3) Every licensee to whom subsection (1) applies shall, (a)  file reports with the Foundation as to the interest referred to in subsection (2); and (b)  remit or cause to be remitted to the Foundation all interest money referred to in subsection (2), in the manner and at the times prescribed by the regulations.  R.S.O. 1990, c. L.8, s. 57 (3); 2006, c. 21, Sched. C, s. 74 (2). Immunity (4) Subject to subsection (5), a licensee is not liable, whether as a person practising law or providing legal services or as trustee, to account to any person, whether as client or as settlor or beneficiary of the trust, other than the Foundation, for interest on money held under subsection (1).  2006, c. 21, Sched. C, s. 74 (3). Exceptions (5) Nothing in this section affects, (a)  any arrangement in writing between a licensee and the person for whom the licensee holds money in trust as to the disposition of the interest accruing on the money; or (b)  any entitlement of a client to the interest accruing on money held in trust in an account separate from any other money.  2006, c. 21, Sched. C, s. 74 (3). Section Amendments with date in force (d/m/y) 1994, c. 11, s. 389 - 01/03/1995 2006, c. 21, Sched. C, s. 74 (1-3) - 01/05/2007 2020, c. 36, Sched. 7, s. 316 (1) - 01/03/2022
57.1 (1) A licensee who maintains an account to which subsection 57 (1) applies at a financial institution designated by the regulations shall establish and maintain it as a joint account in the name of the licensee and the Foundation, and shall immediately notify the Foundation that the account has been established and provide such details as may be required by the regulations and by the Foundation.  2006, c. 21, Sched. C, s. 75 (1). Same (2) The licensee shall execute such documents as the Foundation considers necessary, (a)  to permit the financial institution to pay interest accruing on money held in the joint account directly to the Foundation; (b)  to permit the Foundation to consolidate the funds in the joint account with other funds in which the Foundation has an interest.  1994, c. 27, s. 49 (7); 2006, c. 21, Sched. C, s. 75 (2). Same (3) The Foundation shall ensure that the licensee retains the power in his or her relationship with the financial institution in which a joint account is established to deposit funds to and make payments out of the joint account in the same manner as if it were a trust account solely in the name of the licensee.  1994, c. 27, s. 49 (7); 2006, c. 21, Sched. C, s. 75 (3). Same (4) Subsections 57 (4) and (5) apply to the joint accounts but subsections 57 (2) and (3) do not.  1994, c. 27, s. 49 (7). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 49 (7) - 01/03/1995 2006, c. 21, Sched. C, s. 75 (1-3) - 01/05/2007
57.2 (1) The Foundation is not liable to any person, and no proceeding shall be commenced against the Foundation, in respect of, (a)  a dealing by a licensee with trust funds or a failure of a licensee to fulfil his or her obligations under section 57 or 57.1; or (b)  a dealing by a member with trust funds, or a failure of a member to fulfil his or her obligations under section 57, before the amendment day.  2006, c. 21, Sched. C, s. 76 (1). Same (2) No action or other proceeding for damages shall be commenced against a member of the board for an act done in good faith in the performance or intended performance of a duty or in the exercise or intended exercise of a power under this Act or a regulation, or for any neglect or default in the performance or exercise in good faith of such a duty or power.  1994, c. 27, s. 49 (7). Definitions (3) In this section, “amendment day” means the day subsection 2 (6) of Schedule C to the Access to Justice Act, 2006 came into force; (“jour de la modification”) “member” means a member as defined in section 1, as it read immediately before the amendment day. (“membre”)  2006, c. 21, Sched. C, s. 76 (2). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 49 (7) - 01/03/1995 2006, c. 21, Sched. C, s. 76 (1, 2) - 01/05/2007
58 (1) The Society shall in each year report to the Foundation the name and the office or residence address shown by the records of the Society of every licensee who files a report with the Society that shows the licensee holds money on deposit in a trust account for or on account of clients.  2006, c. 21, Sched. C, s. 77 (1). Report by member (2) The Foundation may require a licensee whose name is contained in a report by the Society under subsection (1) to file a report with the Foundation stating whether or not the licensee has received or been credited with interest on money held in a trust account for or on account of clients.  R.S.O. 1990, c. L.8, s. 58 (2); 2006, c. 21, Sched. C, s. 77 (2). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 77 (1, 2) - 01/05/2007
59 Subject to the approval of the Lieutenant Governor in Council, the board may make regulations, (a)  governing the form, content and filing of the reports required under section 57; (b)  governing the time and manner of remitting the interest money referred to in section 57 to the Foundation; (b.1)  prescribing the information that must be provided to the Foundation when a joint account is established under section 57.1 and prescribing and governing information that must be provided by a licensee from time to time in respect of the joint account after it is established; (c)  prescribing the form and the time of filing of reports required under section 58; (d)  prescribing provisions of the Not-for-Profit Corporations Act, 2010 that apply to the Foundation.  R.S.O. 1990, c. L.8, s. 59; 1994, c. 27, s. 49 (8); 2006, c. 21, Sched. C, s. 78; 2010, c. 15, s. 230 (3). Section Amendments with date in force (d/m/y) 1994, c. 27, s. 49 (8) - 01/03/1995 2006, c. 21, Sched. C, s. 78 - 01/05/2007 2010, c. 15, s. 230 (3) - 19/10/2021
59.1 (1) The board shall, (a)  establish an account of the Foundation to be known as the Class Proceedings Fund; (b)  within sixty days after this Act comes into force, endow the Class Proceedings Fund with $300,000 from the funds of the Foundation; (c)  within one year after the day on which the endowment referred to in clause (b) is made, endow the Class Proceedings Fund with a further $200,000 from the funds of the Foundation; and (d)  administer the Class Proceedings Fund in accordance with this Act and the regulations.  1992, c. 7, s. 3. Purposes of the Class Proceedings Fund (2) The Class Proceedings Fund shall be used for the following purposes: 1.  Financial support for plaintiffs to class proceedings and to proceedings commenced under the Class Proceedings Act, 1992, in respect of disbursements related to the proceeding. 2.  Payments to defendants in respect of costs awards made in their favour against plaintiffs who have received financial support from the Fund.  1992, c. 7, s. 3. Application of s. 56 (3) Funds in the Class Proceedings Fund are funds of the Foundation within the meaning of section 56, but payments out of the Class Proceedings Fund shall relate to the administration or purposes of the Fund.  1992, c. 7, s. 3. Section Amendments with date in force (d/m/y) 1992, c. 7, s. 3 - 01/01/1993
59.2 (1) The Class Proceedings Committee is established and shall be composed of, (a)  one member appointed by the Foundation; (b)  one member appointed by the Attorney General; and (c)  three members appointed jointly by the Foundation and the Attorney General.  1992, c. 7, s. 3. Term of office (2) Each member of the Class Proceedings Committee shall hold office for a period of three years and is eligible for re-appointment.  1992, c. 7, s. 3. Quorum (3) Three members of the Committee constitute a quorum.  1992, c. 7, s. 3. Vacancies (4) Where there are not more than two vacancies in the membership of the Committee, the remaining members constitute the Committee for all purposes.  1992, c. 7, s. 3. Remuneration (5) The members of the Committee shall serve without remuneration, but each member is entitled to compensation for expenses incurred in carrying out the functions of the Committee.  1992, c. 7, s. 3. Temporary members (6) If the number of members of the Committee available to consider an application under section 59.3 is insufficient to form a quorum under subsection (3), the Foundation may appoint the number of temporary members needed in order to form a quorum.  2009, c. 33, Sched. 2, s. 42. Notice of appointment (7) The Foundation shall provide notice of each appointment under subsection (6) to the Attorney General as soon as reasonably practicable, and the notice shall include the reasons for the appointment.  2009, c. 33, Sched. 2, s. 42. Expiry of appointment (8) The appointment of a temporary member expires on the earliest of the following dates: 1.  The date on which the temporary member is no longer needed in order to form a quorum. 2.  If the application is granted, the date on which the proceeding in respect of which the application is made is finally disposed of. 3.  If the application is not granted, the date on which it is denied. 4.  The third anniversary of the appointment.  2009, c. 33, Sched. 2, s. 42. Reappointment (9) A temporary member whose appointment expires under paragraph 4 of subsection (8) may be reappointed by the Foundation, and subsections (7) and (8) apply with necessary modifications in respect of the reappointment.  2009, c. 33, Sched. 2, s. 42. Remuneration (10) Subsection (5) applies with necessary modifications with respect to the remuneration of a temporary member.  2009, c. 33, Sched. 2, s. 42. Section Amendments with date in force (d/m/y) 1992, c. 7, s. 3 - 01/01/1993 2009, c. 33, Sched. 2, s. 42 - 15/12/2009
59.3 (1) A plaintiff to a class proceeding or to a proceeding commenced under section 2 of the Class Proceedings Act, 1992 may apply to the Committee for financial support from the Class Proceedings Fund in respect of disbursements related to the proceeding.  1992, c. 7, s. 3. Same (2) An application under subsection (1) shall not include a claim in respect of the fees of a person practising law or providing legal services.  2006, c. 21, Sched. C, s. 79. Committee may authorize payment (3) The Committee may direct the board to make payments from the Class Proceedings Fund to a plaintiff who makes an application under subsection (1), in the amount that the Committee considers appropriate.  1992, c. 7, s. 3. Idem (4) In making a decision under subsection (3), the Committee may have regard to, (a)  the merits of the plaintiff’s case; (b)  whether the plaintiff has made reasonable efforts to raise funds from other sources; (c)  whether the plaintiff has a clear and reasonable proposal for the use of any funds awarded; (d)  whether the plaintiff has appropriate financial controls to ensure that any funds awarded are spent for the purposes of the award; and (e)  any other matter that the Committee considers relevant.  1992, c. 7, s. 3. Supplementary funding (5) A plaintiff who has received funding under subsection (3) may apply to the Committee at any time up to the end of the class proceeding for supplementary funding and the Committee may direct the board to make further payments from the Class Proceedings Fund to the plaintiff if the Committee is of the opinion, having regard to all the circumstances, that it is appropriate to do so.  1992, c. 7, s. 3. Board shall make payments (6) The board shall make payments in accordance with any directions given by the Committee under this section.  1992, c. 7, s. 3. Section Amendments with date in force (d/m/y) 1992, c. 7, s. 3 - 01/01/1993 2006, c. 21, Sched. C, s. 79 - 01/05/2007
59.4 (1) A defendant to a proceeding may apply to the board for payment from the Class Proceedings Fund in respect of a costs award made in the proceeding in the defendant’s favour against a plaintiff who has received financial support from the Class Proceedings Fund in respect of the proceeding.  1992, c. 7, s. 3. Board shall make payments (2) The board shall make payments applied for in accordance with subsection (1) from the Class Proceedings Fund, subject to any limits or tariffs applicable to such payments prescribed by the regulations.  1992, c. 7, s. 3. Plaintiff not liable (3) A defendant who has the right to apply for payment from the Class Proceedings Fund in respect of a costs award against a plaintiff may not recover any part of the award from the plaintiff.  1992, c. 7, s. 3. Section Amendments with date in force (d/m/y) 1992, c. 7, s. 3 - 01/01/1993
59.5 (1) The Lieutenant Governor in Council may make regulations, (a)  respecting the administration of the Class Proceedings Fund; (b)  establishing procedures for making applications under sections 59.3 and 59.4; (c)  establishing criteria in addition to those set out in section 59.3 for decisions of the Committee under section 59.3; (d)  establishing limits and tariffs for payments under sections 59.3 and 59.4; (e)  prescribing conditions of awards under section 59.3; (f)  providing for the assessment of costs in respect of which a claim is made under section 59.4; (g)  providing for levies in favour of the Class Proceedings Fund against awards and settlement funds in proceedings in respect of which a party receives financial support from the Class Proceedings Fund.  1992, c. 7, s. 3. Idem (2) A regulation made under clause (1) (d) may provide for different limits and tariffs for different stages and types of proceedings.  1992, c. 7, s. 3. Idem (3) A regulation made under clause (1) (g) may provide for levies that exceed the amount of financial support received by the parties to a proceeding.  1992, c. 7, s. 3. Idem (4) A regulation made under clause (1) (g) may provide for levies based on a formula that takes the amount of an award or settlement fund into account.  1992, c. 7, s. 3. Idem (5) A levy under clause (1) (g) against a settlement fund or monetary award is a charge on the fund or award.  1992, c. 7, s. 3. Section Amendments with date in force (d/m/y) 1992, c. 7, s. 3 - 01/01/1993 Unclaimed Trust Funds
59.6 (1) A licensee who has held money in trust for or on account of a person for a period of at least two years may apply in accordance with the by-laws for permission to pay the money to the Society, if, (a)  the licensee has been unable to locate the person entitled to the money despite having made reasonable efforts throughout a period of at least two years; or (b)  the licensee is unable to determine who is entitled to the money.  1998, c. 21, s. 27; 2006, c. 21, Sched. C, s. 80 (1). Approval of application (2) If the Society approves an application under subsection (1), the licensee may pay the money to the Society, subject to such terms and conditions as the Society may impose.  2006, c. 21, Sched. C, s. 80 (2). Financial records (3) A licensee who pays money to the Society under subsection (2) shall provide the Society with copies of financial records relating to the money that are in the licensee’s possession or control.  2006, c. 21, Sched. C, s. 80 (2). Licensee ’s liability (4) Payment of money to the Society under subsection (2) extinguishes the licensee’s liability as trustee or fiduciary with respect to the amount paid to the Society.  1998, c. 21, s. 27; 2006, c. 21, Sched. C, s. 80 (3). Section Amendments with date in force (d/m/y) 1998, c. 21, s. 27 - 01/02/1999 2006, c. 21, Sched. C, s. 80 (1-3) - 01/05/2007 2010, c. 1, Sched. 12, s. 6 - 18/05/2010
59.7 (1) Money paid to the Society under section 59.6 shall be held in trust by the Society in perpetuity for the purpose of satisfying the claims of the persons who are entitled to the money.  1998, c. 21, s. 27. One or more accounts (2) Money held in trust under this section may be held in one or more accounts.  1998, c. 21, s. 27. Trust income (3) Subject to subsections (5) and (6), all income from the money held in trust under this section shall be paid to the Law Foundation.  1998, c. 21, s. 27. Passing accounts (4) The Society shall from time to time apply to the Superior Court of Justice under section 23 of the Trustee Act to pass the accounts of the trust established by this section and the court’s order on each application shall specify a date before which the Society must make its next application to pass the accounts.  1998, c. 21, s. 27; 2002, c. 18, Sched. A, s. 12 (2). Trustee compensation (5) Subject to subsection (6), the Society may take compensation from the trust property in accordance with orders made under subsection 23 (2) of the Trustee Act.  1998, c. 21, s. 27. Same (6) Compensation may be taken under subsection (5) only from the income of the trust.  1998, c. 21, s. 27. (7) Repealed: 2020, c. 11, Sched. 13, s. 13. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 27 - 01/02/1999 2002, c. 18, Sched. A, s. 12 (2) - 26/11/2002 2020, c. 11, Sched. 13, s. 13 - 08/07/2020
59.8 (1) Despite section 59.6, the Society may transfer to the trust established by section 59.7 any money received in trust by the Society after February 1, 1999 from a member as defined in section 1, as it read immediately before the day subsection 2 (6) of Schedule C to the Access to Justice Act, 2006 came into force, or from a licensee, if, (a)  immediately before the money was received by the Society, the member or licensee was holding the money in trust for or on account of a person; and (b)  the Society is unable to locate the person entitled to the money or to determine who is entitled to the money.  2006, c. 21, Sched. C, s. 81 (1). Exception (2) Money held in trust by the Society pursuant to an order made under section 49.47 shall not be transferred under subsection (1) without the approval of the Superior Court of Justice provided for in the order made under section 49.47 or obtained on an application under section 49.48 or 49.51.  1998, c. 21, s. 27; 2002, c. 18, Sched. A, s. 12 (2). Money held before February 1, 1999 (3) The Society may transfer to the trust established by section 59.7 any money held in trust by the Society immediately before February 1, 1999, if, (a)  the money was received by the Society from a member as defined in section 1, as it read immediately before the day subsection 2 (6) of Schedule C to the Access to Justice Act, 2006
came into force, who held the money in trust for or on account of a person; and (b)  the Society is unable to locate the person entitled to the money or to determine who is entitled to the money.  2006, c. 21, Sched. C, s. 81 (2). Transferred money to be held in trust (4) Money transferred under this section to the trust established by section 59.7 shall be held in trust by the Society under section 59.7.  1998, c. 21, s. 27. Liability extinguished (5) The transfer by the Society under this section, to the trust established by section 59.7, of money received from a person extinguishes the liability of the person as trustee or fiduciary with respect to the amount transferred.  2006, c. 21, Sched. C, s. 81 (3). Section Amendments with date in force (d/m/y) 1998, c. 21, s. 27 - 01/02/1999 2002, c. 18, Sched. A, s. 12 (2) - 26/11/2002 2006, c. 21, Sched. C, s. 81 (1-3) - 01/05/2007
59.9 (1) The Society shall publish a notice annually in The Ontario Gazette listing the name and last known address of every person entitled to money that, during the previous year, was paid to the Society under section 59.6 or transferred under section 59.8 to the trust established by section 59.7.  1998, c. 21, s. 27; 2006, c. 21, Sched. C, s. 82 (1). Exception (2) Subsection (1) does not require publication of, (a)  a name or an address of which the Society is not aware; or (b)  a name or an address of which the Society is aware, if, (i)  publication of the name or address would breach a duty of confidentiality owed by a person who was practising law or providing legal services, or (ii)  there are reasonable grounds for believing that publication of the name or address will result in a significant risk of physical or psychological harm to the person whose name or address is published or to another person.  2006, c. 21, Sched. C, s. 82 (2). Other steps (3) The Society shall take such other steps as it considers appropriate to locate the persons entitled to money held in trust by the Society under section 59.7.  1998, c. 21, s. 27. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 27 - 01/02/1999 2006, c. 21, Sched. C, s. 82 (1, 2) - 01/05/2007
59.10 (1) A person may make a claim in accordance with the by-laws for payment of money held in trust by the Society under section 59.7.  1998, c. 21, s. 27. Payment of claims (2) Subject to sections 59.12 and 59.13, the Society shall pay claims in accordance with the by-laws.  1998, c. 21, s. 27. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 27 - 01/02/1999
59.11 Subject to sections 59.12 and 59.13, if a claim under section 59.10 is denied by the Society in whole or in part, the claimant may apply to the Superior Court of Justice for an order directing the Society to pay the claimant any money to which the claimant is entitled.  1998, c. 21, s. 27; 2002, c. 18, Sched. A, s. 12 (2). Section Amendments with date in force (d/m/y) 1998, c. 21, s. 27 - 01/02/1999 2002, c. 18, Sched. A, s. 12 (2) - 26/11/2002
59.12 A claimant to whom money is paid under section 59.10 or 59.11 is not entitled to any interest on the money that was held in trust by the Society.  1998, c. 21, s. 27. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 27 - 01/02/1999
59.13 (1) The total of all payments made to claimants under sections 59.10 and 59.11 in respect of money paid to the Society under section 59.6 by a particular person shall not exceed the amount paid to the Society under section 59.6 by that person.  2006, c. 21, Sched. C, s. 83. Money transferred to trust fund (2) Subsection (1) also applies, with necessary modifications, in respect of money transferred under section 59.8 to the trust established by section 59.7.  1998, c. 21, s. 27. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 27 - 01/02/1999 2006, c. 21, Sched. C, s. 83 - 01/05/2007
59.14 Sections 59.6 to 59.13 also apply, with necessary modifications, in respect of money held in trust by, (a)  a person who was and has ceased to be a licensee; and (b)  a person who was and has ceased to be a member, as defined in section 1 as it read immediately before the day subsection 2 (6) of Schedule C to the Access to Justice Act, 2006 came into force, and has never become a licensee.  2006, c. 21, Sched. C, s. 84. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 27 - 01/02/1999 2006, c. 21, Sched. C, s. 84 - 01/05/2007 Legal Education, Degrees Education programs and law degrees
60 (1) The Society may operate programs of pre-licensing education or training and programs of continuing professional development.  2006, c. 21, Sched. C, s. 85; 2010, c. 16, Sched. 2, s. 4 (3). Law degrees (2) The Society may grant degrees in law.  R.S.O. 1990, c. L.8, s. 60 (2). Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 85 - 01/05/2007 2010, c. 16, Sched. 2, s. 4 (3) - 25/10/2010 Indemnity for Professional Liability
61 The Society, (a)  may make arrangements for licensees respecting indemnity for professional liability and respecting the payment and remission of premiums in connection with such indemnity; and (b)  may require that licensees or one or more classes of licensees pay levies to the Society in connection with such indemnity and may exempt licensees or one or more classes of licensees from the requirement to pay all or any part of the levies.  2006, c. 21, Sched. C, s. 86. Section Amendments with date in force (d/m/y) 2006, c. 21, Sched. C, s. 86 - 01/05/2007 Professional Corporations
61.0.2 (1) The Society shall establish and maintain a register of corporations that have been issued certificates of authorization.  2006, c. 21, Sched. C, s. 88 (1). Contents of registry (2) The register shall contain the information set out in the by-laws.  2000, c. 42, Sched., s. 22. Availability to public (3) The Society shall make the register available for public inspection in accordance with the by-laws.  2006, c. 21, Sched. C, s. 88 (2). Section Amendments with date in force (d/m/y) 2000, c. 42, Sched. , s. 22 - 01/11/2001 2006, c. 21, Sched. C, s. 88 (1, 2) - 01/05/2007
61.0.3 A professional corporation shall notify the Society within the time and in the form and manner determined under the by-laws of a change in the shareholders of the corporation.  2000, c. 42, Sched., s. 22; 2006, c. 21, Sched. C, s. 89. Section Amendments with date in force (d/m/y) 2000, c. 42, Sched. , s. 22 - 01/11/2001 2006, c. 21, Sched. C, s. 89 - 01/05/2007
61.0.4 (1) Any provision of this Act, the regulations, the by-laws or the rules of practice and procedure that applies to a person who is authorized to practise law in Ontario or a person who is authorized to provide legal services in Ontario continues to apply to such person even if his or her practice of law or provision of legal services is carried on through a professional corporation.  2006, c. 21, Sched. C, s. 90. Exercise of powers of Society against corporation (2) Sections 33, 34, 35, 36, 45 to 48 and 49.2, subsections 49.3 (1) and (2) and sections 49.8 to 49.10, 49.44 to 49.52, 57 to 59 and 61 apply with necessary modifications to professional corporations, (a)  as if a reference in those provisions to a licensee were a reference to a professional corporation, except in the expression “conduct unbecoming a licensee”, which shall be read as it is and shall not be considered to be a reference to “conduct unbecoming a professional corporation”; and (b)  as if a reference in those provisions to a licence were a reference to a certificate of authorization.  2006, c. 21, Sched. C, s. 90. Section Amendments with date in force (d/m/y) 2000, c. 42, Sched. , s. 22 - 01/11/2001 2001, c. 8, s. 47 - 01/11/2001 2006, c. 21, Sched. C, s. 90 - 01/05/2007
61.0.5 (1) The professional, fiduciary and ethical obligations of a person practising law or providing legal services, to a person on whose behalf he or she is practising law or providing legal services, (a)  are not diminished by the fact that he or she is practising law or providing legal services through a professional corporation; and (b)  apply equally to the corporation and to its directors, officers, shareholders, agents and employees.  2006, c. 21, Sched. C, s. 90. Audit, etc. (2) If an action or the conduct of a person practising law or providing legal services through a professional corporation is the subject of an audit, investigation or review, (a)  any power that may be exercised under this Act in respect of the person in the course, or as a result, of the audit, investigation or review may be exercised in respect of the corporation; and (b)  the corporation is jointly and severally liable with the person for, (i)  all costs that he or she is required by the by-laws to pay in relation to the audit, investigation or review, and (ii)  all fines and costs that he or she is ordered by the Hearing Division, the Appeal Division or a court to pay as a result of the audit, investigation or review.  2006, c. 21, Sched. C, s. 90; 2013, c. 17, s. 26. Section Amendments with date in force (d/m/y) 2000, c. 42, Sched. , s. 22 - 01/11/2001 2001, c. 8, s. 48 (1, 2)
- 01/11/2001 2006, c. 21, Sched. C, s. 90 - 01/05/2007 2013, c. 17, s. 26 - 12/03/2014
61.0.6 (1) A term, condition, limitation or restriction imposed under this Act on a person practising law or providing legal services through a professional corporation applies to the certificate of authorization of the corporation in relation to the practice of law or provision of legal services by the person.  2006, c. 21, Sched. C, s. 90. Same (2) A term, condition, limitation or restriction imposed under this Act on a professional corporation applies to the persons practising law or providing legal services through the corporation.  2006, c. 21, Sched. C, s. 90. Section Amendments with date in force (d/m/y) 2001, c. 8, s. 49 - 01/11/2001 2006, c. 21, Sched. C, s. 90 - 01/05/2007 Prohibitions and offences, corporations
61.0.8 Clause 213 (2) (b) of the Loan and Trust Corporations Act does not prevent a professional corporation from acting as a trustee in respect of services normally provided by licensees.  2000, c. 42, Sched., s. 22.; 2006, c. 21, Sched. C, s. 91. Section Amendments with date in force (d/m/y) 2000, c. 42, Sched. , s. 22 - 01/11/2001 2006, c. 21, Sched. C, s. 91 - 01/05/2007
61.0.9 A reference in any other Act or any regulation, rule or order made under any other Act to an individual who practises law, an individual who provides legal services or an individual who is licensed under this Act shall be deemed to include a reference to a professional corporation, if any, through which the individual practises law or provides legal services.  2006, c. 21, Sched. C, s. 92. Section Amendments with date in force (d/m/y) 2000, c. 42, Sched. , s. 22 - 01/11/2001 2006, c. 21, Sched. C, s. 92 - 01/05/2007 Limited Liability Partnerships
61.1 (1) Subject to the by-laws, (a)  two or more persons who are licensed to practise law in Ontario as barristers and solicitors may form a limited liability partnership, or continue a partnership as a limited liability partnership, for the purpose of practising law in Ontario; (b)  two or more persons who are licensed to provide legal services in Ontario may form a limited liability partnership, or continue a partnership as a limited liability partnership, for the purpose of providing legal services in Ontario; (c)  one or more persons who are licensed to practise law in Ontario as barristers and solicitors and one or more persons who are licensed to provide legal services in Ontario may together form a limited liability partnership, or continue a partnership as a limited liability partnership, for the purpose of practising law and providing legal services in Ontario; (d)  two or more professional corporations may form a limited liability partnership, or continue a partnership as a limited liability partnership, for the purpose of practising law in Ontario, providing legal services in Ontario or doing both, as authorized by their certificates of authorization.  2006, c. 21, Sched. C, s. 93. Definition (2) In this section, “limited liability partnership” means a limited liability partnership as defined in the Partnerships Act.  2006, c. 21, Sched. C, s. 93. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 28 - 01/02/1999 2006, c. 21, Sched. C, s. 93 - 01/05/2007 Firms
61.1.1 Any provision of this Act, the regulations, the by-laws or the rules of practice and procedure that applies to a person who is authorized to practise law in Ontario or a person who is authorized to provide legal services in Ontario continues to apply to the person even if his or her practice of law or provision of legal services is carried on through a firm. 2020, c. 11, Sched. 13, s. 14. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 13, s. 14 - 08/07/2020
61.1.2 (1) If and to the extent provided for by the by-laws, sections 33 to 36, 41 to 44 and 49.2, subsections 49.3 (1) and (2), and sections 49.8 to 49.10, 49.43 to 49.51, 57 to 59, 59.6, 59.7, 59.9 and 61 apply with respect to firms as they do with respect to licensees, subject to the modifications specified in this section, any modifications specified by the by-laws and any other necessary modifications. 2020, c. 11, Sched. 13, s. 14. Same, reference to licensee (2) A reference in a provision listed in subsection (1) to a licensee shall be read as a reference to a firm, except in the expression “conduct unbecoming a licensee”, which shall be read as it is and shall not be considered to be a reference to “conduct unbecoming a firm”. 2020, c. 11, Sched. 13, s. 14. Same, reference to professional business (3) A reference in a provision listed in subsection (1) to a professional business shall be read as a reference to the professional business of the firm. 2020, c. 11, Sched. 13, s. 14. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 13, s. 14 - 08/07/2020
61.1.3 A provision referred to in subsection 61.1.2 (1), or a provision of the regulations, the by-laws or the rules of practice and procedure, that applies to a firm that is an association of licensees referred to in paragraph 3 of the definition of “firm” in subsection 1 (1) shall be read as applying to the directing mind or minds of the association, as determined in accordance with the by-laws. 2020, c. 11, Sched. 13, s. 14. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 13, s. 14 - 08/07/2020
61.1.4 (1) If the by-laws so provide, a firm shall be registered in accordance with the by-laws. 2020, c. 11, Sched. 13, s. 14. Register (2) If the by-laws provide for the registration of firms, the Society shall establish and maintain a register of the firms. 2020, c. 11, Sched. 13, s. 14. Same (3) A register established under subsection (2) shall, (a)  contain the information required by the by-laws, subject to any by-law respecting the removal of information from the register; and (b)  be made available for public inspection by the Society in accordance with the by-laws. 2020, c. 11, Sched. 13, s. 14. Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 13, s. 14 - 08/07/2020 Rules of Practice and Procedure
61.2 (1) Convocation may make rules of practice and procedure applicable to proceedings before the Hearing Division and the Appeal Division and to the making of orders under sections 46, 47, 47.1, 48 and 49.  1998, c. 21, s. 28; 2006, c. 21, Sched. C, s. 94 (1); 2013, c. 17, s. 26. Examples (2) Without limiting the generality of subsection (1), Convocation may make rules of practice and procedure, (a)  governing the circumstances in which orders may be made under this Act; (b)  authorizing and governing interlocutory orders in a proceeding or intended proceeding, including interlocutory orders suspending a licensee’s licence or restricting the manner in which a licensee may practise law or provide legal services; (c)  authorizing appeals from interlocutory orders; (d)  prescribing circumstances in which an interlocutory order suspending a licensee’s licence may be deemed to be a final order if the licensee does not appear at the hearing of an application; (e)  governing the admissibility of evidence in proceedings, including the admissibility in evidence of documents and other information disclosed under this Act or under the regulations, by-laws or rules; (f)  authorizing orders that a hearing or part of a hearing be held in the absence of the public and authorizing orders that specified information relating to a proceeding not be disclosed; (g)  authorizing the Hearing Division, in applications under section 34, to deal, with the consent of the parties, with matters that would otherwise have to be the subject of an application under section 38, and to make any order referred to in section 40; (h)  governing the administration of reprimands; (i)  governing the awarding of costs under section 49.28.  1998, c. 21, s. 28; 2006, c. 21, Sched. C, s. 94 (2-4); 2013, c. 17, s. 26. Rules under SPPA (3) Rules made under this section shall be deemed, for the purposes of the Statutory Powers Procedure Act, to have been made under section 25.1 of that Act.  1998, c. 21, s. 28. Conflict with SPPA (4) In the event of a conflict between the rules made under this section and the Statutory Powers Procedure Act, the rules made under this section prevail, despite section 32 of that Act.  1998, c. 21, s. 28. Section Amendments with date in force (d/m/y) 1998, c. 21, s. 28 - 01/02/1999 2006, c. 21, Sched. C, s. 94 (1-4) - 01/05/2007 2013, c. 17, s. 26
- 12/03/2014 By-laws