Chiarelli Injunction Stands: No Unlicensed Practice

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A Law Society of Upper Canada injunction against a Toronto property manager has been upheld, preventing him from representing clients at Landlord and Tenant Board hearings.

The Law Society of Upper Canada v. Chiarelli, 2014 ONCA 391, was released today. It was an appeal of a decision in which the Law Society obtained an injunction against Enzo Chiarelli. He was permanently enjoined from: “engaging in the practice of law or in the provision of legal services in Ontario, or holding himself out as a person who may do so.”

The Superior Court of Justice last year held in that a property manager may not act as a paid representative before the Landlord and Tenant Board. Combined with the ruling in Law Society of Upper Canada v. Augier, 2013 ONSC 451 (CanLII) both the Court and the Law Society indicated an intention to crack-down on unlicensed practice.

Chiarelli appealed the Superior Court order, to the Ontario Court of Appeal. Today, the appeal was dismissed, but the terms of the injunction were modified. They were amended to an order prohibiting Chiarelli from appearing before the Board on behalf of his clients or on behalf of himself, unless he is an owner of a property subject to a proceeding before the Board.

Justice Juriansz dissented in part, finding that Chiarelli could “appear before the Board in person in cases in which the Board finds that he is a “landlord” within the meaning of s. 2(1) of the Residential Tenancies Act.”

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