Legal organisation pen letters to Law Society of Ontario criticizing proposed governance reforms

Organizations representing lawyers in Ontario have submitted letters to the Law Society of Ontario (LSO) opposing proposed governance reforms that they argue will dilute regional representation, hinder knowledge transfer among benchers, and undermine the democratic process. The Federation of Ontario Law Associations (FOLA) and the Toronto Lawyers’ Association (TLA) submitted their concerns by the January 31 deadline, though the LSO has granted extensions for additional feedback until the end of February.

The reforms, first introduced in October 2024, propose reducing the overall number of governing seats, significantly cutting the proportion of elected lawyers, and increasing the number of appointed benchers. These changes have drawn criticism from legal organizations, which argue they threaten the principle of self-regulation within the legal profession. FOLA and TLA both expressed strong concerns over expanding appointed benchers to nearly half of the governing seats, noting that these appointments would be controlled by an LSO board and the Ontario government.

FOLA chair Allen Wynperle, in his letter, criticized the lack of transparency in the appointment process, questioning whether selections would be made by a small group of elected benchers or LSO staff, potentially creating an insular and unaccountable system. He also warned that reducing the number of governing seats would weaken representation for lawyers outside urban areas, particularly in rural communities where an aging bar is a growing concern.

TLA president Mark Crane echoed these criticisms, stating that members were particularly concerned about the shift away from a democratic election process and toward appointments controlled by a Governance & Nominating Committee. He noted that Toronto lawyers, who make up about 50% of Ontario’s legal profession, would see their elected representatives reduced from 20 to just four, raising concerns about fair representation.

Both FOLA and TLA also opposed reducing bencher term limits from 12 years to 8, arguing that the longer tenure ensures continuity and allows experienced benchers to guide newer members. Despite these criticisms, Crane mentioned that the LSO was receptive to the TLA’s concerns in a meeting held in mid-January.

A spokesperson for the LSO emphasized the importance of stakeholder feedback, stating that the task force responsible for the proposals would carefully consider all input before submitting recommendations to Convocation. The LSO confirmed that all submitted comments will be published on its website, along with a report detailing the task force’s recommendations at a later date.

Click here to read more about: Call for Comment: Towards More Effective Governance — Governance & Electoral Reforms at the Law Society of Ontario

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