The British Columbia Supreme Court has rejected the Law Society of British Columbia’s request for an injunction to halt the implementation of the Legal Professions Act.
The Law Society, which governs the legal profession in the province, had sought the injunction in order to pause the implementation of the Act, which was set to come into effect on January 1, 2021.
The Act, which was passed in 2018, aims to modernize the regulation of the legal profession in British Columbia. It includes changes such as allowing non-lawyers to own law firms and providing more options for legal services.
However, the Law Society argued that the Act would have a negative impact on the legal profession and the public, and that more time was needed to properly implement the changes.
In his decision, Justice Christopher Hinkson stated that the Law Society had not met the legal test for an injunction, which requires a strong likelihood of success in the underlying case and irreparable harm if the injunction is not granted.
Justice Hinkson also noted that the Law Society had been aware of the impending changes for several years and had not taken sufficient steps to prepare for them.
The decision was welcomed by the Attorney General of British Columbia, David Eby, who stated that the Act will bring much-needed modernization to the legal profession and increase access to justice for the public.
The Law Society has stated that it will continue to work towards implementing the Act and will seek further legal advice on its options.
The Act will now come into effect as planned on January 1, 2021.
