Pursuant to Section 11 of the General Rules under the Law Society Act, 1996, a member who

(a) is permanently disabled or incapacitated and as a result has been unable to practise for the immediately preceding twelve months, and
(b) is a member in good standing,

may be registered as a disabled member. 

A disabled member is not allowed to practice law or handle trust funds.

The “Practice of law” means applying legal principles and procedures for the benefit of or at the request of another person, and includes

(a) acting as counsel or advocate,
(b) providing legal services,
(c) issuing an originating notice of action, notice of application, notice of motion, petition or similar document in any legal proceeding according to the provisions of any statute,
(d) preparing

(i) an instrument relating to real or personal estate permitted or required to be registered, recorded or filed in a public office,
(ii) a pleading, affidavit, statutory declaration or other similar written material for use in any legal proceeding,
(iii) a petition, letters patent, memorandum of agreement, affidavit, by-law or another document relating to the incorporation, formation, registration, organization, reorganization, amalgamation, dissolution or winding up of a partnership or body corporate,
(iv) a testamentary instrument,
(v) a document on which to found or oppose a grant of letters testamentary, letters probate or letters of administration, or
(vi) a petition or other document relating to matters under the Bankruptcy and Insolvency Act, or

(e) giving legal advice,
(f) negotiating and settling claims in a legal proceeding.

In order to apply for disabled status, you must submit:

• Affidavit stating that you are permanently disabled and are not practicing law
• Note from a medical practitioner confirming the permanent disability or incapacity
• Form 25 Application for Exemption from Professional Liability Insurance
• Notice of Change of Information

Members who have paid the Law Society practising or non-practising member annual fees for the current membership year will receive a prorated refund.

Pursuant to subsection 12(1) of the General Rules under the Law Society Act, 1996, a disabled member may apply to be registered as a practising member upon evidence satisfactory to the Competence Committee that the member is capable of resuming practice. The Competence Committee will determine what qualifications or standards the disabled member must meet before resuming practice.

No, disabled members are not subject to the CPD requirements.

No, the Canadian Bar Association fee is not mandatory for disabled members. If you wish to continue your membership please contact the CBA directly at 1-800-267-8860.

If you have any questions about disabled status, please contact the Membership Coordinator.