The Law Society of Upper Canada v. Boldt

The Law Society of Upper Canada v. Boldt

The motion judge correctly concluded that the appellant's conduct and the formal documents she prepared, taken together, violated Bolan J.'s order and s.50 of the Law Society Act, warranting a contempt finding; the appeal was dismissed and the penalty phase was remitted to the motion judge.

Citation
2007 ONCA 115
Parties
Plaintiff/respondent: The Law Society of Upper Canada; Defendant/appellant: Maureen Boldt; Defendant/appellant: Boldt Paralegal Services; Defendant/appellant: 1079714 Ontario Ltd. carrying on business as Boldt Paralegal Services; Defendant/appellant: 1211375 Ontario Inc. carrying on business as Boldt Paralegal and Mediation; Defendant/appellant: Victor Boldt
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
22 February 2007
Procedural Posture
Civil / Appeal From Contempt Finding; Penalty Phase Remitted to Motion Judge
Outcome
Appeal dismissed; penalty phase remitted to the motion judge; costs awarded to respondent.
Legal Topics
Contempt, Unauthorized Practice of Law, Law Society Regulation, Costs
Source Language
English
Civil Professional Regulation Administrative Law Contempt Unauthorized Practice of Law Law Society Regulation Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The Law Society of Upper Canada

Plaintiff/respondent

Maureen Boldt

Defendant/appellant

Boldt Paralegal Services

Defendant/appellant

1079714 Ontario Ltd. carrying on business as Boldt Paralegal Services

Defendant/appellant

1211375 Ontario Inc. carrying on business as Boldt Paralegal and Mediation

Defendant/appellant

Victor Boldt

Defendant/appellant

Procedural Posture

Civil / Appeal From Contempt Finding; Penalty Phase Remitted to Motion Judge

Legal Issues

  1. 1 Whether the appellant was in contempt of the court order of Bolan J. dated September 1, 2000
  2. 2 Whether the appellant engaged in the unauthorized practice of law contrary to s.50 of the Law Society Act
  3. 3 Whether the motion judge erred in law or fact in her finding and whether the penalty phase should have proceeded before appeal

Ratio Decidendi

The motion judge correctly concluded that the appellant's conduct and the formal documents she prepared, taken together, violated Bolan J.'s order and s.50 of the Law Society Act, warranting a contempt finding; the appeal was dismissed and the penalty phase was remitted to the motion judge.

Court Disposition

Appeal dismissed; penalty phase remitted to the motion judge; costs awarded to respondent.

Orders

  • Appeal dismissed.
  • Penalty phase to proceed before the motion judge.