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Litigation

Can I sue a paralegal or notary for negligent handling of my legal matter in Ontario?

TSL Written by the Treadstone Law team· Updated August 2026

Yes. Licensed paralegals in Ontario are regulated by the Law Society of Ontario and can represent clients within their permitted scope of practice, such as Small Claims Court matters, certain tribunal proceedings, and minor offences - and like lawyers, they owe their clients a duty to perform that work to the standard of a reasonably competent paralegal. If a paralegal mishandles a matter within their scope, whether by missing a deadline, filing something incorrectly, or giving clearly wrong procedural advice, that can support a negligence claim using the same duty, breach, causation, and damages framework used for any other professional.

A notary's role is typically narrower - usually limited to witnessing signatures, administering oaths, and certifying documents - so a negligence claim against a notary usually centres on whether they properly verified identity or followed the required formalities, rather than substantive legal advice. As with lawyers, you can file a conduct complaint with the Law Society, which can discipline a paralegal but won't compensate you; a civil claim is the route to recovering an actual financial loss caused by the negligence.

Key takeaways

  • Licensed paralegals owe clients a standard-of-care duty within their permitted scope of practice, enforceable through a negligence claim.
  • A notary's duties are typically narrower - centred on identity verification and proper formalities rather than legal advice.
  • The usual duty, breach, causation, and damages framework applies just as it would to any other professional.
  • A Law Society complaint addresses licensing conduct; a civil claim is needed to recover your actual loss.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone litigation lawyer can help.
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