OSC to test legal aid in enforcement proceedings
Litigation Assistance Program will rely on volunteer counsel that are independent of the commission
By James Langton | October 12, 2011 16:00
investmentexecutive.com 
The Ontario Securities Commission is preparing to experiment with a sort of legal aid program for people facing enforcement proceedings before the regulator.
The OSC is preparing to launch a one-year pilot program, starting on Monday, Oct. 17, which is intended to provide volunteer legal counsel to unrepresented respondents that are to appear in enforcement proceedings before the commission.
The so-called Litigation Assistance Program will rely on volunteer counsel that are independent of the commission, with the participating law firms including: Gowlings LLP, Torys LLP, Stockwoods LLP, Wardle Daley Bernstein LLP and Borden Ladner Gervais LLP.
The volunteer counsel would not provide complete litigation support for all aspects of a proceeding, but may participate in various stages of an enforcement proceeding, including: pre-hearing conferences; settlement conferences and/or hearings; sanctions and costs hearings. The volunteers will not participate in contested hearings, and will not provide assistance in quasi-criminal proceedings brought by the OSC before the Ontario Court of Justice.
Under the program, an unrepresented respondent may apply for volunteer legal advice on a first-come, first-served basis, and subject to the availability of counsel. During the pilot period, there will be just five lawyers on the volunteer roster, and the OSC indicates that it is expected that the number of applicants will far exceed the number of people who will receive assistance. If volunteer counsel isn't available, respondents will have to provide their own counsel, or proceed without representation.
Lawyers participating in the program will provide assistance for free, but any disbursements (such as photocopying fees or other charges for document management) will be paid for by the respondent.
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