Who Can Prepare Your Immigration Application? Ontario's Top Court Confirms Paralegal Limits in Caruso

Choosing someone to prepare your immigration file can be confusing. Immigration consultants, lawyers, and paralegals all advertise immigration help, but they do not all hold the same authority. In a decision released in the week of September 28, 2026, the Court of Appeal for Ontario drew the line clearly. In Caruso v. Law Society of Ontario, 2026 ONCA 677, the Court confirmed that Ontario paralegals may only provide immigration legal services connected with proceedings before the Immigration and Refugee Board (IRB). Work on applications to Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA) is outside a paralegal's licensed scope.

What happened

Antonio (Tony) Caruso, a paralegal licensed by the Law Society of Ontario (LSO), spent nearly a decade challenging the LSO's restrictions on what paralegals may do in immigration matters. The LSO's position, set out in its By-Law No. 4, is that a paralegal's immigration work must be connected with a proceeding before the IRB, such as preparing documents for or appearing at a refugee protection hearing. Mr. Caruso argued that Ontario paralegals should be allowed to do much more, including preparing applications filed with IRCC and advising clients on IRCC and CBSA matters.

The Divisional Court dismissed his challenge in 2023 (Caruso v. The Law Society of Ontario, 2023 ONSC 6744). The appeal was heard on May 6, 2026, and a unanimous panel of the Court of Appeal, made up of Justices Paciocco, Thorburn and George, dismissed the appeal in 2026 ONCA 677.

What the Court decided

Writing for the Court, Justice Paciocco held that the LSO bylaws set out "a closed list of legal services that paralegals are authorized to do." A paralegal may provide legal services in immigration only when connected to a proceeding before the IRB. The Court rejected the argument that an application or document filed with IRCC or the CBSA is part of a "proceeding" or at least an "intended proceeding" before a tribunal.

The Court explained that "proceeding" is used in its ordinary sense, referring to matters before adjudicative bodies such as the IRB, not administrative decision-makers such as IRCC and the CBSA. The fact that an IRCC or CBSA matter could one day end up before the IRB does not turn early steps into an intended proceeding.

The Court also held that the LSO bylaw does not conflict with the Immigration and Refugee Protection Act (IRPA). Section 91 of IRPA restricts who may advise or represent people for consideration in immigration matters. The Court found that Parliament left the regulation of paralegals to the provincial law societies, so the LSO may set the scope of a paralegal's practice.

What this means for you

If you are an immigration applicant in Ontario, the practical rules are:

• IRB matters, such as a refugee protection hearing or an immigration appeal before the IRB: an Ontario licensed paralegal may provide legal services connected with that proceeding, along with lawyers and, where authorized, consultants.
• Applications filed with IRCC or CBSA, such as a work permit, spousal sponsorship, permanent residence application or citizenship file: an Ontario paralegal may not provide those legal services. They must be handled by a lawyer or by a regulated immigration consultant licensed by the College of Immigration and Citizenship Consultants (CICC), unless you file yourself.
• Ontario legal matters outside immigration, such as Small Claims Court, Landlord and Tenant Board, traffic and provincial offences, HRTO and WSIB matters: licensed paralegals may provide those services within their licensed scope.

This division of work is why credentials matter. Before paying anyone for immigration help, verify who they are. You can confirm a lawyer or paralegal through the Law Society of Ontario directory, and a consultant through the CICC public register. When someone represents you, IRCC requires a Use of Representative form (IMM 5476) identifying that person and their membership number.

Unlicensed "immigration helpers" remain a real risk. Using an unauthorized representative may lead to a returned application, a five-year misrepresentation ban, or both.

One further note: Law360 Canada reported on October 5, 2026 that Mr. Caruso intends to seek leave to appeal to the Supreme Court of Canada. The rules described here may change if leave is granted and a further appeal succeeds. As of today, the Court of Appeal's ruling stands.

How JSR Immigration and Legals fits this

Our practice was built for exactly this divided system. Jugraj Singh Randhawa is a Regulated Canadian Immigration Consultant (RCIC) licensed by the CICC, an Ontario licensed paralegal, and a notary public. That combination means IRCC and CBSA applications may be handled by our RCIC, while Ontario tribunal and court matters may be handled through our paralegal and notary services. See our immigration appeals page, our refugee claims page, and our other Ontario legal services for the full scope.

If you are unsure who may handle your matter, or you want help choosing the right process, contact JSR Immigration and Legals at (647) 286-4266 or info@jsrlegals.ca.

This post is general information, not legal advice, as of November 4, 2026. For advice on a specific matter, please contact our office.

Sources

• Caruso v. Law Society of Ontario, 2026 ONCA 677 (CanLII): https://www.canlii.org/en/on/onca/doc/2026/2026onca677/2026onca677.html
• Caruso v. The Law Society of Ontario, 2023 ONSC 6744 (CanLII): https://www.canlii.org/en/on/onsc/doc/2023/2023onsc6744/2023onsc6744.html
• Ontario Bar Association, Court of Appeal Summaries (September 28 to October 2, 2026): https://oba.org/court-of-appeal-summaries-september-28-october-2/
• Law360 Canada, "Ontario paralegal taking immigration fight to SCC" (October 5, 2026): https://www.law360.ca/ca/articles/2533338/ontario-paralegal-taking-immigration-fight-to-scc
• Immigration and Refugee Protection Act, s. 91: https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-91.html

JSR Legals / JSR Immigration Ltd. 9300 Goreway Drive, Suite 205, Brampton, ON L6P 4N1 (647) 286-4266 info@jsrlegals.ca