(Disponible en français)
Practice Directions support the Ontario Special Education (English) Tribunal (OSET) Rules of Procedure and provide guidance about what the OSET expects of the parties and in turn what the parties can expect of the OSET. They assist in understanding and applying the Rules.
This Practice Direction discusses the representation of parties before the OSET, including who can represent a party and the obligations of representatives. It relates to Rule A9 of the OSET Rules.
A support person, such as a family member or friend, may attend a hearing or mediation with a party or witness to assist the person in participating in the proceeding, communicating with the OSET and making necessary decisions and may sit with the party during the hearing or mediation. Such a support person is not considered a representative, so long as they do not make submissions on the party's behalf.
A party may be self-represented and appear before the OSET and present his or her case. The OSET Rules are interpreted and applied to allow parties to participate effectively in the process, whether or not they are represented by a lawyer or paralegal.
A party may also choose to appoint another person to represent him or her in OSET proceedings.
The representative may be:
A person who is not licensed, whose licence is suspended or who is not in an exempted category will not be permitted to act as a representative in OSET proceedings.
A licensed representative is a lawyer or paralegal licensed by the LSO. A licensed representative must be in good standing with the LSO and must provide his or her license number to the OSET.
An unlicensed person may represent a party in proceedings before the OSET if that person falls within the specific licensing exemptions established by the LSO.
A person who is not licensed may be asked by the OSET to identify the LSO exemption category to which he or she belongs.
The current exemptions permit the following unlicensed persons, among others, to act as a representative:
A complete list of approved exemptions is on the LSO's website.
A person who is not licensed and who is not exempt from licensing requirements will be not permitted to act as a representative in an OSET proceeding. This would include:
Where a party is represented, the OSET will communicate with the party through its representative.
Representatives must treat all participants and the OSET with courtesy and respect. Both licensed and unlicensed representatives are expected to know and follow the OSET's rules and procedures and any directions or orders made during the proceeding. Acting on the client's behalf and instructions, a representative is responsible for all communications with the OSET and the other parties and for preparing and presenting the client's case to the OSET.
The OSET may exclude a representative from a hearing where necessary to prevent an abuse of process (for example, because the representative has a conflict of interest) or, in the case of unlicensed representatives, where the OSET finds the representative is not competent to properly represent or to advise the party or witness, or does not understand and comply at the hearing with the duties and responsibilities of a representative, Hansen v. Toronto (City), 2010 HRTO 13.
The OSET recognizes that limited scope retainers exist. A representative on a limited scope retainer shall ensure the client understands the extent and scope of the services that will be provided and is responsible for advising the OSET when no longer retained.