Lawyer vs Paralegal vs Notary in Canada: Who Do You Need?
A lawyer can handle any legal matter in the province where they are licensed. A paralegal or notary can be a less expensive option, but only for the specific tasks their licence allows, and those tasks depend heavily on the province. Ontario licenses paralegals to work independently in small claims, tribunals and minor offences. Quebec notaries are full legal professionals who handle real estate, wills and other non-court matters. In most other provinces, paralegals work under a lawyer's supervision, and notaries public mainly witness signatures and certify documents.
| Lawyer | Licensed paralegal (Ontario) | Quebec notary | BC notary | |
|---|---|---|---|---|
| Gives legal advice | Yes, in any area | Within permitted scope only | Yes, in non-litigation matters | Within permitted scope only |
| Represents clients in court | Yes | Small Claims Court, provincial offences, some minor criminal matters | No | No |
| Represents clients at tribunals | Yes | Yes, most tribunals | Limited | No |
| Real estate transactions | Yes (outside Quebec) | No | Yes | Yes |
| Wills | Yes | No | Yes | Yes |
| Family law | Yes | Only with an additional family licence | Some non-contentious matters, such as marriage contracts | No |
| Regulated by | Provincial law society | Law Society of Ontario | Chambre des notaires du Québec | Society of Notaries Public of BC (moving to Legal Professions BC) |
The rest of this guide explains what each professional can do and how to decide which one fits a particular situation. For the wider hiring process, see the guide to finding and hiring a lawyer in Canada.
What Lawyers Can Do
Lawyers hold a general licence to practise law. Within the province or territory where they are licensed, they can give advice on any legal issue, draft any legal document and represent clients in every level of court, including appeals and the Supreme Court of Canada.
In the common law provinces and territories, lawyers are admitted as both barristers and solicitors. This means the same lawyer can handle courtroom work (the barrister role) and advice and paperwork (the solicitor role). In practice, most lawyers focus on a few practice areas.
In Quebec, lawyers are called avocats and are regulated by the Barreau du Québec. Quebec lawyers handle litigation and advice, while much of the non-court work done by lawyers elsewhere, such as real estate transactions, is done by notaries.
When a lawyer is the right choice
- Any criminal charge where jail is possible, or any indictable offence.
- Family matters involving contested parenting, support or property.
- Lawsuits above the small claims limit, and appeals.
- Complex estates, contested wills and estate litigation.
- Business transactions, shareholder disputes and corporate reorganizations.
- Any situation where the matter is complex, the stakes are high, or it is unclear whether the issue falls within another professional's scope.
Lawyers usually cost more per hour than paralegals, but they are the only professionals who can take a matter from start to finish regardless of how it develops. If a small dispute grows into a larger one, a lawyer can continue on the file without the client having to start over with someone new.
What Paralegals Can Do
The word "paralegal" means different things in different provinces. In Ontario it refers to an independently licensed legal professional. Elsewhere in Canada it usually means a trained assistant who works under a lawyer's supervision.
Ontario: independently licensed paralegals
The Law Society of Ontario has licensed and regulated paralegals since 2007. Licensed paralegals can provide legal advice and representation directly to the public, without a lawyer's supervision, in a defined set of areas:
- Small Claims Court, which hears claims of up to $50,000 for claims started on or after October 1, 2025.
- Provincial offences, such as traffic tickets, Highway Traffic Act charges and many by-law matters.
- Certain minor criminal (summary conviction) matters where the maximum penalty is limited.
- Most administrative tribunals, including the Landlord and Tenant Board, the Human Rights Tribunal and workers' compensation appeals.
For what paralegal help typically costs at the Landlord and Tenant Board, see how much a landlord and tenant lawyer costs.
Within these areas, paralegals can also give advice, draft documents and negotiate on a client's behalf. Ontario paralegals must carry professional liability insurance, follow rules of professional conduct and complete continuing education, much like lawyers.
Family law in Ontario
Ontario paralegals cannot handle general family law matters. The Law Society approved a separate Family Legal Services Provider (FLSP) licence in December 2022, and the first training program opened in 2025. Paralegals who complete the additional training and obtain the licence can help with a limited list of family matters, including joint and uncontested divorces, certain straightforward child support changes and some support enforcement proceedings. Contested parenting, property division and spousal support remain lawyer work.
British Columbia: designated and licensed paralegals
In BC, designated paralegals work under a lawyer's supervision and can provide some legal advice and appear in certain proceedings within limits set by the lawyer and the regulator. BC's Legal Professions Act creates a path for independently licensed paralegals regulated by the new single regulator, Legal Professions BC, but this system is still being put in place.
Other provinces
In most other provinces and territories, paralegals and law clerks work under a lawyer's supervision and do not offer legal services independently to the public. Their work is billed through the lawyer's firm, usually at a lower hourly rate than the lawyer's own.
How to check a paralegal
In Ontario, licensed paralegals appear in the Law Society of Ontario's public Lawyer and Paralegal Directory. Confirm the licence is active and check for any restrictions before hiring. Anyone in Ontario offering legal services for a fee who is neither a licensed lawyer nor a licensed paralegal, and who does not fall within a recognized exemption, is likely practising without authorization.
What Notaries Can Do
The role of a notary in Canada depends almost entirely on the province. A Quebec notary and a notary public in Ontario hold very different roles despite the similar title.
Quebec notaries
Quebec follows a civil law tradition, and its notaries (notaires) are university-trained legal professionals regulated by the Chambre des notaires du Québec. They are public officers who prepare authentic deeds, which carry special legal weight. Quebec notaries commonly handle:
- Real estate purchases, sales and mortgages (hypothecs), which in Quebec are completed by a notary rather than a lawyer.
- Notarial wills, which do not need to be probated after death.
- Marriage contracts and civil union contracts.
- Mandates in case of incapacity (similar to powers of attorney).
- Estate settlement and business incorporation.
Quebec notaries give legal advice in these areas, but they do not represent clients in contested court proceedings. Disputes go to an avocat.
British Columbia notaries
BC notaries public are a distinct legal profession, historically regulated by the Society of Notaries Public of BC and moving under the new single regulator, Legal Professions BC. They can handle:
- Residential and commercial real estate transfers and mortgages.
- Wills, powers of attorney and representation agreements.
- Statutory declarations, affidavits and document certification.
BC notaries cannot represent clients in court and cannot advise on matters such as litigation, criminal law or family disputes. For straightforward real estate deals and simple wills, they are a common alternative to a lawyer.
Notaries public in other provinces
In the other common law provinces and territories, a notary public mainly witnesses signatures, administers oaths and certifies true copies of documents. Many lawyers are also notaries public, and some other people can be appointed. A notary public who is not also a lawyer cannot give legal advice or prepare legal documents such as wills or contracts for others.
A note on "notarios"
In some countries, a notario is a senior legal professional. In Canada, the title carries no such authority outside Quebec's specific notary system. People offering immigration or legal services under this title without a Canadian licence are a known source of fraud, particularly targeting newcomers. Immigration advice for a fee must come from a lawyer, a Quebec notary or a consultant licensed by the College of Immigration and Citizenship Consultants.
How to Choose the Right Professional
| Situation | Usually the best fit |
|---|---|
| Traffic ticket or Highway Traffic Act charge in Ontario | Licensed paralegal or lawyer |
| Small claims dispute in Ontario (up to $50,000) | Licensed paralegal or lawyer |
| Landlord and Tenant Board hearing in Ontario | Licensed paralegal or lawyer |
| Uncontested divorce in Ontario | Lawyer, or a paralegal with the Family Legal Services Provider licence |
| Contested divorce, parenting or property dispute | Lawyer |
| Buying or selling a home in Quebec | Notary |
| Buying or selling a home in BC | Lawyer or BC notary |
| Buying or selling a home elsewhere in Canada | Lawyer |
| Simple will in Quebec or BC | Lawyer or notary |
| Simple will elsewhere in Canada | Lawyer |
| Criminal charge with possible jail time | Lawyer |
| Lawsuit above the small claims limit, or an appeal | Lawyer |
| Witnessing a signature or certifying a copy | Notary public or commissioner for taking affidavits |
Three questions help settle most decisions:
- Is the task within the professional's permitted scope in this province? If not, the choice is already made.
- Could the matter become more complex? A simple dispute that might escalate may be better started with a lawyer, who can stay on the file however it develops.
- What are the stakes? For matters involving liberty, children, a home or large sums of money, the extra cost of a lawyer is often worth it.
For work that falls within their scope, paralegals and notaries can offer real savings. Many lawyers also work alongside paralegals and clerks in their own firms, which keeps costs down on routine tasks.
Frequently Asked Questions
Is a paralegal cheaper than a lawyer?
Generally, yes. Paralegals in Ontario usually charge lower hourly rates and flat fees than lawyers for comparable work within their scope.
For typical lawyer fees to compare against, see how much a lawyer costs in Canada.
Can a paralegal give legal advice?
In Ontario, licensed paralegals can give legal advice within their permitted areas. In most other provinces, paralegals work under a lawyer's supervision, and advice is provided through the lawyer.
Can a notary represent me in court?
No. Neither Quebec notaries nor BC notaries represent clients in contested court proceedings.
Is a law clerk the same as a paralegal?
No. A law clerk works under a lawyer's supervision and does not provide legal services directly to the public. In Ontario, a licensed paralegal holds a separate licence and can work independently within their scope.
How do I check whether a paralegal or notary is licensed?
Search the public directory of the relevant regulator: the Law Society of Ontario for Ontario paralegals, the Chambre des notaires du Québec for Quebec notaries and the BC regulator for BC notaries. See how to check if a lawyer is licensed for step-by-step instructions.
Need a lawyer instead? Search LawyerDirectoryCanada.ca by practice area, province and city to compare licensed lawyers near you.
Sources
Find a Lawyer Near You
Search by province, city and practice area.