Learning Centre Lawyer Portal Careers Contact Us

Law Society of Alberta

  • Who We Are
    • The Future of Professional Development

      Includes the creation of a Professional Development Profile and the development of a new CPD planning tool.
      • About Us
      • Executive Leadership Team
      • Board & Committees
        • Board Directory
        • Board Meetings
        • Member Meetings
        • Committees
        • Other Bodies
      • Key Initiatives
        • Equity, Diversity and Inclusion Initiatives
        • Innovation Sandbox
        • Indigenous Initiatives
        • The Future of Professional Development
      • Engagement with Public and Profession
      • Affiliations
      • Annual & Financial Reports
      • Strategic Plan
      • Awards & Scholarships
        • Distinguished Service Awards
        • Recognition of Service
        • Scholarships
  • For the Public
    • Lost Wills Listing

      A public webpage containing a list of outstanding will requests is now available online.
      • Find a Lawyer
      • Complaints
      • Finding Files
      • Lost Wills
      • Public Resources
      • Financial Claims
      • Notices
      • Careers
  • Lawyers & Students
    • Become a Principal

      Find out details about the new principal training requirement and the process of becoming a principal.
      • Become a Lawyer
      • Become a Principal
      • Membership Services
      • Forms & Certificates
      • Making a Payment to the Law Society
      • Trust Accounting & Safety
        • Responsible Lawyers
        • Filing Requirements
        • Anti-Money Laundering Model Rules
      • Professional Development
      • Fraud & Loss Prevention
      • Practice Advisors
      • Practice Management Consultations
      • Approved Legal Services Providers
      • Complaints
      • Equity Ombudsperson
      • Alberta Lawyers Indemnity Association
        • Report a Claim
        • Group Policy
        • ALIAlerts
        • ALIAdvisories
  • Resource Centre
    • New Resource:

      Business Continuity and Succession Plan Guide and Checklist
      • Learning Centre
      • Student Resources
        • Articling Placement Program
      • Public Resources
      • Disaster Planning and Recovery
      • Upcoming Events
      • Media Room
      • eBulletins
      • Latest News
      • Lawyer Programs
        • Mentor Connect
        • Mentor Express
        • Table Talks
        • AdvisorLink
        • Locum Connect
        • Practice Management Consultations
        • SoloNet
        • Assist
      • Key Resources
        • Legal Practice
        • Continuous Improvement
        • Cultural Competence & Equity, Diversity and Inclusion
        • Lawyer-Client Relationships
        • Practice Management
        • Professional Conduct
        • Professional Contributions
        • Truth and Reconciliation
        • Well-Being
  • Regulation
    • Act, Code & Rules

      The Law Society of Alberta derives its authority from the Legal Profession Act and sets out standards through its Rules and Code of Conduct.
      • Act, Code & Rules
      • Adjudication
        • About the Tribunal Office
        • Hearing Schedule
        • Decisions & Outcomes
        • Complaint Dismissal Appeals
        • Adjudicator Directory
        • Book of Authorities
      • Notices
        • Custodianship
        • Disbarment
        • Reinstatement
        • Resignation
        • Suspension
      • Unauthorized Practice of Law
        • Information Concerning the Unauthorized Practice of Law
  • Find a Lawyer
Resource Centre
  • Learning Centre
  • Lawyer Programs
    • Mentor Connect
    • Mentor Express
      • Mentor Express FAQ
    • Table Talks
    • Mentor Moments
    • AdvisorLink
      • AdvisorLink Online Request
    • Locum Connect
      • Locum Listing
      • Locum Opportunity Listing
    • SoloNet
  • Key Resources
    • Legal Practice
    • Continuous Improvement
    • Cultural Competence & Equity, Diversity and Inclusion
    • Lawyer-Client Relationships
    • Practice Management
      • Retirement Guide
        • Making the Decision to Retire
        • Your Status with the Law Society
        • The Process of Winding Up
        • Working Through the Tasks
      • Business Continuity and Succession Plan Guide and Checklist
        • Planning Considerations
        • Your Plan – Checklist
        • Office Procedure Manual
        • Additional Planning Resources & Templates
      • Practice Management Assessment Tool
    • Professional Conduct
    • Professional Contributions
    • Truth and Reconciliation
    • Well-Being
  • Disaster Planning and Recovery
  • Student Resources
  • Public Resources
  • Upcoming Events
  • Media Room
  • eBulletins
  • Latest from the Law Society
  • Home
  • Resource Centre
  • Key Resources
  • Legal Practice
  • Non-Lawyer Representation of Corporations in the Courts
Non-Lawyer Representation of Corporations in the Courts

In Alberta, individuals, sole proprietors and partnerships may self-represent in any level of court. However, corporations’ ability to self-represent in the Court of King’s Bench was limited.

Until March 2020, Rule 2.23 of the Alberta Rules of Court stated:

2.23(1) The Court may permit a person to assist a party before the Court in any manner and on any terms and conditions the Court considers appropriate.

(2) Without limiting subrule (1), assistance may take the form of

(a) quiet suggestions,
(b) note-taking,
(c) support, or
(d) addressing the particular needs of a party.

(3) Despite subrule (1), no assistance may be permitted

(a) that would contravene section 106(1) of the Legal Profession Act,
(b) if the assistance would or might be disruptive, or
(c) if the assistance would not meet the purpose and intention of these rules.

Rule 2.23 allows a party to receive assistance in court from a person who is not a lawyer. The rule was interpreted to permit only limited support for a litigant and not the right of an audience. This assistance may take the form of quiet suggestions, note-taking or other support. The support person may be known as a “McKenzie Friend”, referring to the case McKenzie v McKenzie, [1970] 3 All ER 1034, CA. McKenzie Friends are typically close friends and family members of the party, but could also include others.

Rule 2.23 did not provide the court with discretion to allow non-lawyer agents an audience to speak on behalf of, or represent, an individual or corporation in proceedings. Alberta case law also required that corporations retain lawyers to represent them in litigation matters in the Court of King’s Bench (for example, see 908077 Alberta Ltd. (Escape & Relax) v 1313608 Alberta Ltd., 2015 ABCA 117 and Beacon Hill Service (2000) Limited v Esso Petroleum Canada, 2012 ABCA 269). The court’s discretion under the old Rules of Court to hear submissions from non-lawyers was extinguished when the above wording came into effect in 2010.

In some cases, the resulting change was perceived as a hardship, particularly for small family businesses that had formed closely-held corporations. Unlike partnerships and sole proprietors, these corporations had to hire a lawyer to appear before the court, simply because they had decided to incorporate.

On March 17, 2020, Rule 2.23 of the Alberta Rules of Court was amended to add subrule (4):

(4) This rule does not affect the discretion of the Court, subject to any limits imposed under the Legal Profession Act, to grant a right of audience to any agent, other than a lawyer, to speak on behalf of an individual or corporation.”

Subrule (4) restores the court’s historical discretion to allow non-lawyer agents to speak in court on behalf of individual parties and corporations. It permits increased access to justice for closely held corporations, and enables a director or officer to speak in court on a corporation’s behalf.

Limitations

Despite the addition of subrule (4), corporations must still be represented by a lawyer in any action before the court. The ability to speak in court does not permit a non-lawyer agent to draft and file pleadings, represent the corporation at questioning, or to take other steps that may be characterized as legal work. Also, no assistance to an individual or corporation will be permitted if it is disruptive, fails to meet the purpose of the Alberta Rules of Court, or contravenes the provisions of the Legal Profession Act.

Under section 106(1) of the Legal Profession Act, non-lawyers continue to be prohibited from acting as a barrister or solicitor in court and from commencing, carrying on or defending any action on behalf of another person, including a closely-held corporation. This provision protects the public from receiving incompetent assistance from unqualified, uninsured and unregulated individuals.

In some cases, non-lawyer agents may be permitted to appear for parties in civil matters before the Provincial Court, or in certain summary offence matters. Discussions about the source of that authority are beyond the scope of this article, and parties are encouraged to review the relevant legislation to clarify the non-lawyers’ authority to appear in any court on a particular matter.

The amendments to the Alberta Rules of Court may be found in Order in Council 078/2020. For ease of reference, you may find the Order in Council here.

Lawyers with any questions about the amendment to Rule 2.23 or the application of section 106 of the Legal Profession Act are encouraged to contact the Practice Advisors.

Printed from https://www.lawsociety.ab.ca on March 24, 2023 at 3:28:47 PM
Law Society of Alberta ©2023 Law Society of Alberta.
  • Latest
  • Contact Us
  • Privacy
  • Accessibility
  • Sitemap
  • Careers
©2023 Law Society of Alberta.
  • Who We Are
    • Back
    • About Us
    • Executive Leadership Team
    • Board & Committees
      • Back
      • Board Directory
      • Board Meetings
      • Member Meetings
      • Committees
      • Other Bodies
    • Key Initiatives
      • Back
      • Equity, Diversity and Inclusion Initiatives
      • Innovation Sandbox
      • Indigenous Initiatives
      • The Future of Professional Development
    • Engagement with Public and Profession
    • Affiliations
    • Annual & Financial Reports
    • Strategic Plan
    • Awards & Scholarships
      • Back
      • Distinguished Service Awards
      • Recognition of Service
      • Scholarships
  • For the Public
    • Back
    • Find a Lawyer
    • Complaints
    • Finding Files
    • Lost Wills
    • Public Resources
    • Financial Claims
    • Notices
    • Careers
  • Lawyers & Students
    • Back
    • Become a Lawyer
    • Become a Principal
    • Membership Services
    • Forms & Certificates
    • Making a Payment to the Law Society
    • Trust Accounting & Safety
      • Back
      • Responsible Lawyers
      • Filing Requirements
      • Anti-Money Laundering Model Rules
    • Professional Development
    • Fraud & Loss Prevention
    • Practice Advisors
    • Practice Management Consultations
    • Approved Legal Services Providers
    • Complaints
    • Equity Ombudsperson
    • Alberta Lawyers Indemnity Association
      • Back
      • Report a Claim
      • Group Policy
      • ALIAlerts
      • ALIAdvisories
  • Resource Centre
    • Back
    • Learning Centre
    • Student Resources
      • Back
      • Articling Placement Program
    • Public Resources
    • Disaster Planning and Recovery
    • Upcoming Events
    • Media Room
    • eBulletins
    • Latest News
    • Lawyer Programs
      • Back
      • Mentor Connect
      • Mentor Express
      • Table Talks
      • AdvisorLink
      • Locum Connect
      • Practice Management Consultations
      • SoloNet
      • Assist
    • Key Resources
      • Back
      • Legal Practice
      • Continuous Improvement
      • Cultural Competence & Equity, Diversity and Inclusion
      • Lawyer-Client Relationships
      • Practice Management
      • Professional Conduct
      • Professional Contributions
      • Truth and Reconciliation
      • Well-Being
  • Regulation
    • Back
    • Act, Code & Rules
    • Adjudication
      • Back
      • About the Tribunal Office
      • Hearing Schedule
      • Decisions & Outcomes
      • Complaint Dismissal Appeals
      • Adjudicator Directory
      • Book of Authorities
    • Notices
      • Back
      • Custodianship
      • Disbarment
      • Reinstatement
      • Resignation
      • Suspension
    • Unauthorized Practice of Law
      • Back
      • Information Concerning the Unauthorized Practice of Law
  • Find a Lawyer
  • Lawyer Portal
  • Contact
Office of the Chief Executive Officer & Executive Director
Fill in the form below to get in touch with the Office of the Chief Executive Officer & Executive Director.
  • Drop files here or
    Max. file size: 20 MB.
      Text, PDF, MSOffice, and Images only. Max size 20 MB.

    Email: Governance

    Fill in the form below to get in touch with Governance.
    • This field is for validation purposes and should be left unchanged.

    Email: Indigenous Mentorship Program

    Fill in the form below to get in touch with the Indigenous Mentorship Program.
    • Drop files here or
      Max. file size: 20 MB.
        Text, PDF, MSOffice, and Images only. Max size 20 MB.

      Email: Mentorship

      Fill in the form below to get in touch with the Mentorship team.
      • Max. file size: 20 MB.

      Email: Equity, Diversity and Inclusion Counsel

      Fill in the form below to get in touch with the Equity, Diversity and Inclusion Counsel.
      • Drop files here or
        Max. file size: 20 MB.
          Text, PDF, MSOffice, and Images only. Max size 20 MB.

        Email: Indigenous Initiatives

        Fill in the form below to get in touch with Indigenous Initiatives.
        • Drop files here or
          Max. file size: 20 MB.
            Text, PDF, MSOffice, and Images only. Max size 20 MB.
          Innovation Sandbox Contact Form
          Fill in the form below to get in touch with the Innovation Sandbox team.
          • Drop files here or
            Max. file size: 20 MB.
              Text, PDF, MSOffice, and Images only. Max size 20 MB.

            Email: Unauthorized Practice of Law

            Fill in the form below to get in touch with the Unauthorized Practice of Law team.
            • Drop files here or
              Max. file size: 20 MB.
                Text, PDF, MSOffice, and Images only. Max size 20 MB.
              • This field is for validation purposes and should be left unchanged.

              Email: Legal Technology

              Fill in the form below to get in touch with Legal Technology.
              • Drop files here or
                Max. file size: 20 MB.
                  Text, PDF, MSOffice, and Images only. Max size 20 MB.

                Email: Governance Meetings

                Fill in the form below to get in touch with Governance.
                • This field is for validation purposes and should be left unchanged.

                Email: Practice Advisors

                Fill in the form below to get in touch with the Practice Advisors
                • 1500 character maximum
                • Drop files here or
                  Max. file size: 20 MB.
                    Text, PDF, MSOffice, and Images only. Max size 20 MB.
                  • Inquiries which will receive a response within the same or following business day are:


                    Same-day real estate closings
                    Same-day court matters
                    Public, client and lawyer safety concerns

                    Other matters will be reviewed by the assigned Practice Advisor and prioritized accordingly.

                    The response time for non-urgent inquiries will be 3 to 5 business days.

                  Email: Education

                  Fill in the form below to get in touch with the Education department.
                  • Drop files here or
                    Max. file size: 20 MB.
                      Text, PDF, MSOffice, and Images only. Max size 20 MB.

                    Email: AdvisorLink

                    Fill in the form below to get in touch with AdvisorLink
                    • 1. AdvisorLink (operated by the Office of the Practice Advisors) and the Advisors accept no liability whatsoever arising from assistance given to lawyers or to any persons claiming through or under them.
                      2. Lawyers are obligated to independently verify statements of law, procedure or fact made to them by the Advisor, before relying on them.
                      3. AdvisorLink must not be used as a substitute for the lawyers’ own thorough research and analysis or for the lawyers’ own professional judgment.
                    • This field is for validation purposes and should be left unchanged.

                    Email: Accounting

                    Fill in the form below to get in touch with Accounting
                    • Drop files here or
                      Max. file size: 20 MB.
                        Text, PDF, MSOffice, and Images only. Max size 20 MB.
                      • This field is for validation purposes and should be left unchanged.

                      Email: Customer Service

                      Fill in the form below to get in touch.
                      • Drop files here or
                        Max. file size: 20 MB.
                          Text, PDF, MSOffice, and Images only. Max size 20 MB.

                        Email: General Feedback

                        Fill in the form below to get in touch with General Feedback
                        • Drop files here or
                          Max. file size: 20 MB.
                            Text, PDF, MSOffice, and Images only. Max size 20 MB.

                          Email: Communications and Media Relations

                          Fill in the form below to get in touch with Communications and Media Relations.
                          • Drop files here or
                            Max. file size: 20 MB.
                              Text, PDF, MSOffice, and Images only. Max size 20 MB.
                            • This field is for validation purposes and should be left unchanged.

                            Email: Membership Services

                            Fill in the form below to get in touch with Membership Services
                            • Drop files here or
                              Max. file size: 20 MB.
                                Text, PDF, MSOffice, and Images only. Max size 20 MB.

                              Email: Manager, Membership Services

                              Fill in the form below to get in touch with Tina McKay
                              • Drop files here or
                                Max. file size: 20 MB.
                                  Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                Email: Elizabeth Aspinall

                                Fill in the form below to get in touch with Elizabeth Aspinall
                                • Drop files here or
                                  Max. file size: 20 MB.
                                    Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                  Email: Jesse Mackenzie

                                  Fill in the form below to get in touch with Jesse Mackenzie
                                  • Drop files here or
                                    Max. file size: 20 MB.
                                      Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                    Email: Allan Guty

                                    Fill in the form below to get in touch with Allan Guty
                                    • Drop files here or
                                      Max. file size: 20 MB.
                                        Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                      Email: SoloNet

                                      Fill in the form below to get in touch with SoloNet
                                      • Drop files here or
                                        Max. file size: 20 MB.
                                          Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                        Email: Practice Management

                                        • Drop files here or
                                          Max. file size: 20 MB.
                                            Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                          Email: Nancy Bains

                                          Fill in the form below to get in touch with Nancy Bains
                                          • Drop files here or
                                            Max. file size: 20 MB.
                                              Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                            Email: Inform Trust Safety

                                            Fill in the form below to get in touch with Inform Trust Safety
                                            • Drop files here or
                                              Max. file size: 20 MB.
                                                Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                              Email: Trust Safety

                                              Fill in the form below to get in touch with Trust Safety
                                              • Drop files here or
                                                Max. file size: 20 MB.
                                                  Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                                Email: Information Management

                                                Fill in the form below to get in touch with Information Management
                                                • Drop files here or
                                                  Max. file size: 20 MB.
                                                    Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                                  Email: Election

                                                  Fill in the form below to get in touch with Election
                                                  • Drop files here or
                                                    Max. file size: 20 MB.
                                                      Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                                    Email: Justicia Project

                                                    Fill in the form below to get in touch with Justicia Project
                                                    • Drop files here or
                                                      Max. file size: 20 MB.
                                                        Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                                      Email: Locum Connect

                                                      Fill in the form below to get in touch with Locum Connect
                                                      • Drop files here or
                                                        Max. file size: 20 MB.
                                                          Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                                        Email: Mentor Connect

                                                        Fill in the form below to get in touch with Mentor Connect
                                                        • Drop files here or
                                                          Max. file size: 20 MB.
                                                            Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                                          Email: Mentor Express

                                                          Fill in the form below to get in touch with Mentor Express
                                                          • Drop files here or
                                                            Max. file size: 20 MB.
                                                              Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                                            Email: Indigenous Law Student Summer Employment Program

                                                            Fill in the form below to get in touch with Indigenous Law Student Summer Employment Program
                                                            • Drop files here or
                                                              Max. file size: 20 MB.
                                                                Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                                              Email: ALIA

                                                              Fill in the form below to get in touch with ALIA
                                                              • Drop files here or
                                                                Max. file size: 20 MB.
                                                                  Text, PDF, MSOffice, and Images only. Max size 20 MB.
                                                                • This field is for validation purposes and should be left unchanged.

                                                                Email: ALIAlert fraud alerts

                                                                Fill in the form below to get in touch with ALIAlert fraud alerts
                                                                • Drop files here or
                                                                  Max. file size: 20 MB.
                                                                    Text, PDF, MSOffice, and Images only. Max size 20 MB.
                                                                  • This field is for validation purposes and should be left unchanged.

                                                                  Email: Equity Ombudsperson

                                                                  Fill in the form below to get in touch with the Equity Ombudsperson.
                                                                  • Drop files here or
                                                                    Max. file size: 20 MB.
                                                                      Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                                                    Email: Tribunal Office

                                                                    Fill in the form below to get in touch with Tribunal Office
                                                                    • Drop files here or
                                                                      Max. file size: 20 MB.
                                                                        Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                                                      Email: Custodianship

                                                                      Fill in the form below to get in touch with Custodianship
                                                                      • Drop files here or
                                                                        Max. file size: 20 MB.
                                                                          Text, PDF, MSOffice, and Images only. Max size 20 MB.