Application to Restore Your Licence from Abeyance
Restoring a Licence in Abeyance Under Subsection 31(2) of the Law Society Act
Purpose
Under subsection 31(2) of the Law Society Act, upon ceasing to hold office, a person whose licence is in abeyance may apply to have the licence restored.
Section 7.7 of the Rules of Professional Conduct places limits on the ability of a retired judge to appear as counsel or advocate without the express approval of a panel of the Hearing Division of the Law Society Tribunal.
Who can apply
Any person whose licence was in abeyance under section 31(1) of the Law Society Act may apply under section 31(2) of the Law Society Act to have the licence restored, once the person ceases to hold the applicable office. If the person applying was removed or resigned from office for any reason listed in section 31(3) of the Law Society Act, a panel of the Hearing Division of the Law Society Tribunal may refuse to restore the licence.
A former judge of the Supreme Court of Canada, the Court of Appeal for Ontario, the Federal Court of Appeal or the Superior Court of Justice shall not appear as counsel or advocate in any court, or in chambers, or before any administrative board or tribunal without the express approval of a panel of the Hearing Division of the Law Society Tribunal.
A former judge of the Federal Court, the Tax Court of Canada, the Supreme Court of Ontario, Trial Division, a County or District Court, or the Ontario Court of Justice shall not appear as counsel or advocate before the court on which he or she served as a judge or before any lower court, or before any administrative board or tribunal over which the court on which the judge served exercised an appellate or judicial review jurisdiction for a period of three years from the date of their retirement, resignation, or removal, without the express approval of a panel of the Hearing Division of the Law Society Tribunal.
Application Requirements
- Original and completed Application to Restore a Licence in Abeyance under subsection 31(2) of the Law Society Act
Request for permission to appear as counsel or advocate under Section 7.7 of the Rules of Professional Conduct
- Original and completed Request for Approval for a Former Judge to Appear as Counsel or Advocate form
Application Process
Applications to Restore a Licence in Abeyance will be reviewed by the Client Service Centre. If the review reveals that the application is not complete, someone will contact the applicant to request additional information or clarification. The Client Service Centre will provide written confirmation once the licence has been restored.
Requests for permission to appear as counsel or advocate under Section 7.7 of the Rules of Professional Conduct will be reviewed and arrangements will be made to set a date for approval by a panel of the Hearing Division of the Law Society Tribunal appointed for the purpose of reviewing the request.
Link to Application
Link to the Form to Request Approval to Appear as Counsel or Advocate
Link to Applicable Rule and the Law Society Act
Questions
Application related questions should be directed to the Client Service Centre by calling 416-947-3315 (toll-free 1-800-668-7380 ext. 3315) and asking to be transferred, or by email at cscadmin@lso.ca.
Accessibility
The Law Society of Ontario is committed to ensuring that our websites and web applications are accessible for people with disabilities. We have also made efforts to make Law Society documents accessible to everyone. If you need any of our documents or forms in an alternate format that is accessible to you, please contact the department listed on our website as responsible for the document/form or email lawsociety@lso.ca with details about what document/form you need.