CLIENT INFORMATION MUST BE DISCLOSED WHEN NO LONGER REPRESENTING A PARTY IN SMALL CLAIMS COURT

   A new rule in Small Claims Court has paralegals and lawyers updating their retainer agreements to permit disclosure of client information.   The new Rule, 1.09, is designed to assist the Court in retaining contact with litigants when they are no longer represented by their legal representative.

   Clients need to be aware when they change representation or choose to proceed as a self represented party that their previous legal representative must not only notify the Court that they are no longer representing the client, the legal representative must also provide the Court with the contact information for the client. 

    Client/representative priviledge is otherwise unchanged and legal representatives cannot divulge other information to any party. 

     This is one of several changes made by the Court to update it processes.    Paralegals and Lawyers will be amending their retainer agreements to ensure their clients are aware of their obligations to the Court in this regard. 

    All parties to the litigation are strongly encouraged to ensure their contact information with the Court is current.

https://www.ontario.ca/laws/regulation/980258  - See Rule 1.09 (a) & (b)

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