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Legal Aid Services Act, 1998

ONTARIO REGULATION 107/99

GENERAL

Consolidation Period: From March 31, 2014 to the e-Laws currency date.

Last amendment: O. Reg. 96/14.

This is the English version of a bilingual regulation.

SKIP TABLE OF CONTENTS

CONTENTS

   

Sections

   

1-10

Schedule 1

Fees in criminal matters

 

Schedule 2

Fees in civil matters

 

Schedule 3

Fees for lawyers providing services of law clerks, articled students and investigators

 

Schedule 4

Fees for duty counsel

 

Schedule 5

Fees of advice lawyers

 

Schedule 6

Disbursements

 

1.  (1)  The classes of applicants for legal aid services are:

1. Applicants for certificates.

2. Applicants for legal aid services to be provided by duty counsel.

3. Applicants for legal aid services to be provided by a clinic. O. Reg. 107/99, s. 1 (1).

(2)  The financial eligibility requirements for applicants for certificates are as set out in the document entitled “Financial Eligibility Criteria for Certificates: Policies and Procedures Manual”, dated November 21, 2008 and produced by and available from Legal Aid Ontario. O. Reg. 27/00, s. 1; O. Reg. 293/07, s. 1 (1); O. Reg. 32/09, s. 1.

(3)  The financial eligibility requirements for applicants for legal aid services to be provided by duty counsel are as set out in the document entitled “Duty Counsel: Financial Eligibility Test”, being chapter 6, as revised December 13, 1999, of the Duty Counsel Manual dated January, 1996 and produced by and available from Legal Aid Ontario. O. Reg. 27/00, s. 1; O. Reg. 293/07, s. 1 (2).

(4)  The financial eligibility requirements for applicants for legal aid services to be provided by a clinic are as set out in the document entitled “CFC Policy Guidelines on Financial Eligibility”, dated May, 1993 and produced by the Ontario Legal Aid Plan and available from Legal Aid Ontario. O. Reg. 107/99, s. 1 (4); O. Reg. 293/07, s. 1 (3).

2.  For the purposes of Part IV of the Act, a person is responsible with respect to an applicant for a certificate if,

(a) the person is legally responsible to support the applicant;

(b) the person has a personal relationship with the applicant because of which the applicant, in the area director’s opinion, would have a reasonable expectation of financial assistance in a situation as serious as one for which the application for legal aid services is made; or

(c) the person would, in the area director’s opinion, receive a direct benefit if legal aid services were provided to the applicant. O. Reg. 107/99, s. 2.

3.  (1)  This section applies in respect of fees and disbursements paid to,

(a) lawyers who provide services under certificates; and

(b) lawyers who act as duty counsel and are not employees of the Corporation or of a clinic. O. Reg. 107/99, s. 3 (1).

(2)  Fees and disbursements shall be determined as follows:

1. Fees shall be calculated under Schedules 1, 2, 3, 4 and 5.

2. Disbursements shall be calculated under Schedule 6.

3. Fees and disbursements shall be calculated,

i. if clause (1) (a) applies, in accordance with this section and the Schedules as they read at the time the certificate is issued, regardless of when the service is provided or the disbursement made, and

ii. if clause (1) (b) applies, in accordance with this section and the Schedules as they read at the time the service is provided or the disbursement is made.

4. No person shall be paid for providing more than 10 hours of services in one day. In calculating time for the purpose of this paragraph, each hour in court spent at trial or in a preliminary inquiry shall be considered one half-hour.

5. The fees to be paid to a lawyer for services provided in a fiscal year, up to and including the fiscal year 2003-2004, shall not exceed,

i. $157,500 for a lawyer with four years of certified experience or less,

ii. $177,190 for a lawyer with more than four but less than 10 years of certified experience, and

iii. $196,875 for a lawyer with 10 or more years of certified experience.

For the purposes of this paragraph, a lawyer is considered to have certified experience to the extent that he or she certifies his or her experience under Item 14 of Part V of the Table to Schedule 1 or under Item 24 of Part IV of the Table to Schedule 2 for the purpose of obtaining an experience allowance.

6. The president may authorize a greater payment than the applicable amount under paragraph 5 if he or she considers it necessary to ensure the representation of an applicant.

7. Beginning in the fiscal year 2004-2005, no lawyer shall be paid for more than 2,350 hours of services in a fiscal year.

8. For the purposes of paragraph 7, a lawyer who is paid under one of the following provisions shall be deemed to have been paid for six hours of services:

i. Item 17.3 of Part V of the Table to Schedule 1.

ii. Item 26.3 of Part IV of the Table to Schedule 2.

iii. Note D.1 to Schedule 4.

9. The president may authorize payment for more hours of services than paragraph 7 would otherwise allow if he or she considers it necessary to ensure the representation of an applicant. O. Reg. 107/99, s. 3 (2); O. Reg. 180/04, s. 1; O. Reg. 151/10, s. 1.

4.  (1)  A lawyer is entitled to the payment of fees and disbursements for services provided under a certificate only if,

(a) the lawyer’s name was on the appropriate panel or subpanel at the time the services were provided; and

(b) the services provided were within the scope of the certificate as amended from time to time. O. Reg. 107/99, s. 4 (1).

(2)  Despite clause (1) (a), a lawyer who is required or permitted to complete work under subsection 30 (2) or 33 (3) of Ontario Regulation 106/99 may receive payment for legal aid services that are undertaken under the certificate while his or her name is on the appropriate panel or subpanel but completed after it is removed. O. Reg. 107/99, s. 4 (2).

(3)  A lawyer who is not employed by the Corporation is entitled to the payment of fees and disbursements for a duty counsel service only if his or her name was on the list for the appropriate panel or subpanel at the time the service was provided. O. Reg. 107/99, s. 4 (3).

(4)  Subsection (3) does not apply with respect to clinic law duty counsel services. O. Reg. 107/99, s. 4 (4).

5.  (1)  A lawyer who accepts a certificate for the defence of a criminal proceeding shall promptly notify the area director if any of the following circumstances exist:

1. For a matter other than a charge of first degree or second degree murder, the total fees and disbursements are likely to exceed $20,000.

2. For a charge of first degree or second degree murder, the total fees and disbursements are likely to exceed $30,000.

3. For a proceeding involving more than one accused person, the total fees and disbursements for all accused persons are likely to exceed $50,000.

4. The preliminary hearing is likely to take more than two weeks. O. Reg. 107/99, s. 5 (1).

(2)  On receiving the notice, the area director may hold a case management meeting to set a budget for the proceeding. O. Reg. 107/99, s. 5 (2).

(3)  Before the case management meeting, the area director may request summaries and other materials about the case and the lawyer shall comply with the request. O. Reg. 107/99, s. 5 (3).

(4)  The area director and every lawyer providing services under a certificate in the proceeding shall attend the case management meeting. O. Reg. 107/99, s. 5 (4).

(5)  The persons attending the case management meeting shall attempt to agree on a budget; if they are unable to agree, the area director may set one. O. Reg. 107/99, s. 5 (5).

(6)  The budget shall,

(a) list the steps in the proceeding that a reasonable applicant of modest means would authorize under a private retainer, if advised of the available options, the potential results and the costs involved; and

(b) specify an amount of money that represents the anticipated total fees and disbursements for those steps. O. Reg. 107/99, s. 5 (6).

(7)  The area director shall inform the president of the outcome of the case management meeting and the details of the budget. O. Reg. 107/99, s. 5 (7).

(8)  A decision of the area director setting the budget may be appealed to the president. O. Reg. 107/99, s. 5 (8).

(9)  A lawyer who is providing services under a certificate for the proceeding and anticipates that the fees and disbursements are likely to exceed the amount set out in the budget shall promptly notify the area director. O. Reg. 107/99, s. 5 (9).

(10)  On receiving the notice, the area director may hold a case management meeting to review and, if appropriate, amend the budget; in that case, subsections (4) to (8) apply with necessary modifications. O. Reg. 107/99, s. 5 (10).

(11)  The functions of the area director under this section may be performed by a person whom the area director designates. O. Reg. 107/99, s. 5 (11).

(12)  The accounts for services provided under a certificate for the proceeding shall be settled in accordance with the Schedules and the budget. O. Reg. 107/99, s. 5 (12).

6.  The following requirements apply to the contingency reserve fund mentioned in subsection 66 (4) of the Act:

1. The Corporation shall establish an account in accordance with section 55 of the Act, for the purpose of holding the fund, and shall pay into it the capital amount of $20,000,000.

2. The amount of the fund shall not exceed the total of,

i. the original capital amount, as increased under paragraph 3, if applicable,

ii. any interest earned on the amount mentioned in subparagraph i, and

iii. any income from investments under section 7.

3. The Corporation may, with the approval of the Lieutenant Governor in Council, obtained in advance, increase the capital amount of the fund.

4. Subject to paragraphs 5 and 6, the Corporation may withdraw capital amounts from the fund to cover its operating costs.

5. The Corporation shall notify the Attorney General of each withdrawal of capital.

6. The Corporation may make a withdrawal that will increase the total capital amount withdrawn from the fund beyond $5,000,000 only with the Attorney General’s approval, obtained in advance. The request for the Attorney General’s approval shall include,

i. an explanation of why the withdrawal is needed,

ii. a schedule for repayment, and

iii. a statement of the Corporation’s plans for preventing a similar need from arising in future.

7. The Corporation may withdraw interest or investment income from the fund at any time to fund the provision of legal aid services. Notice to the Attorney General is not required.

8. The Corporation shall give the Attorney General quarterly financial reports showing the balance in the fund, broken down as to capital and income.

9. At the end of the 2001-02 fiscal year, the Corporation shall conduct a comprehensive review of the operation of the fund since April 1, 1999, and shall submit a report on the review to the Attorney General. O. Reg. 107/99, s. 6.

7.  (1)  The investment powers set out in this section are prescribed for the purposes of subsection 57 (1) of the Act. O. Reg. 107/99, s. 7 (1).

(2)  The Corporation may invest in:

1. Bonds, debentures, promissory notes or other evidence of indebtedness issued or guaranteed by,

i. Canada or a province or territory of Canada, or

ii. an agency of Canada or of a province or territory of Canada.

2. Bonds, debentures, promissory notes or other evidence of indebtedness of a corporation if,

i. the bond, debenture or other evidence of indebtedness is secured by the assignment to a trustee, as defined in the Trustee Act, of payments that Canada or a province or territory of Canada has agreed to make or is required to make under a federal, provincial or territorial statute, and

ii. the payments referred to in subparagraph i are sufficient to meet the amounts payable under the bonds, debentures or other evidence of indebtedness, including the amounts payable at maturity.

3. Deposit receipts, deposit notes, certificates of deposit or investment, acceptances or similar instruments issued, guaranteed or endorsed by,

i. a bank listed in Schedule I or II to the Bank Act (Canada),

ii. a loan corporation or trust corporation registered under the Loan and Trust Corporations Act,

iii a credit union or league to which the Credit Unions and Caisses Populaires Act, 1994 applies, or

iv. the Province of Ontario Savings Office. O. Reg. 107/99, s. 7 (2).

(3)  The Corporation shall not invest in a security that is expressed or payable in any currency other than Canadian dollars. O. Reg. 107/99, s. 7 (3).

(4)  Before the Corporation invests in a security prescribed by this Regulation, the board of directors of the Corporation shall, if it has not already done so, adopt a statement of the Corporation’s investment policies and goals. O. Reg. 107/99, s. 7 (4).

(5)  If the Corporation has an investment in a security prescribed by this Regulation, the board shall require the president to prepare and provide to the board, each year or more frequently as specified by the board, an investment report. O. Reg. 107/99, s. 7 (5).

(6)  The investment report shall contain,

(a) a statement about the performance of the Corporation’s portfolio of investments during the period covered by the report;

(b) a statement by the president as to whether or not, in his or her opinion, all investments were made in accordance with the investment policies and goals in the statement adopted under subsection (4);

(c) any other information that the board may require or that, in the president’s opinion, should be included. O. Reg. 107/99, s. 7 (6).

(7)  If the Corporation makes investments directly rather than through an agent as mentioned in subsection 57 (2) of the Act, the members of the board are subject to the same standards as an agent would be under subsection 57 (3) of the Act. O. Reg. 107/99, s. 7 (7).

8.  With respect to the period before April 19, 1999,

(a) references in this Regulation to the Family Court of the Superior Court of Justice are deemed to be references to the Family Court of the Ontario Court (General Division); and

(b) references in this Regulation to the Ontario Court of Justice are deemed to be references to the Ontario Court (Provincial Division). O. Reg. 107/99, s. 8.

Note: On May 1, 2014, section 8 is revoked. (See: O. Reg. 96/14, ss. 1, 3)

9.  Despite its revocation by Ontario Regulation 106/99, Regulation 710 of the Revised Regulations of Ontario, 1990 continues to apply in respect of,

(a) duty counsel services provided before April 1, 1999; and

(b) services provided under certificates issued before that date. O. Reg. 107/99, s. 9.

10.  Omitted (provides for coming into force of provisions of the English version of this Regulation). O. Reg. 107/99, s. 10.

SCHEDULE 1
FEES IN CRIMINAL MATTERS

NOTES

A. The fees payable in criminal matters are set out in the Table to this Schedule and must be read in conjunction with these Notes and any qualifications or allowances set out in the Table.

B. All fees in this Schedule are subject to increase or decrease in accordance with Notes C and O and items 14.1 and 14.2 of the Table to this Schedule.

C. This Schedule is a legal aid tariff reflecting fees customarily paid by a client of modest means and except in exceptional circumstances the fees provided for shall normally apply for the described legal aid services, but,

(a) at the written request of the lawyer, the fees may be increased by the legal accounts officer if in his or her opinion an increase is justified, having regard to all the circumstances, including,

(i) the result obtained,

(ii) the complexity of the matter,

(iii) the contributions of the applicant or other contributors,

(iv) the amount of time realistically set aside in anticipation of a lengthy trial which time was not otherwise filled by the lawyer, and

(v) any other relevant factor that would warrant an increased fee; and

(b) the fees may be decreased by the legal accounts officer if in his or her opinion a decrease is appropriate,

(i) under subsection 44 (2) of Ontario Regulation 106/99, or

(ii) where and to the extent that the fees charged exceed the amount of fees that would be allowed if the fees of the lawyer were assessed under the Solicitors Act.

D., E. Revoked: O. Reg. 180/04, s. 2 (1).

F. If a lawyer represents two or more persons charged with the same offence or a similar offence arising out of the same occurrence and if the pre-trial conferences with the Crown, judicial interim release proceedings, withdrawals of charges, pre-trial hearings, preliminary inquiries, trials, pleas of guilty or appeals are heard in the same court at approximately the same time, then, for the purposes of this Schedule, the lawyer is entitled to fees as for one client and to an increase of 40 per cent and such additional fees as may be appropriate in accordance with Note C.

G. Where a lawyer represents a person charged with two or more offences and the pre-trial conferences with the Crown, judicial interim release proceedings, withdrawals of charges, pre-trial hearings, preliminary inquiries, trials, pleas of guilty or appeals are heard in the same court at approximately the same time, the lawyer is entitled to fees as for one charge and to such additional fees as may be appropriate in accordance with Note C.

Where a lawyer represents a person charged with two or more offences and the pre-trial conferences with the Crown, judicial interim release proceedings, withdrawals of charges, pre-trial hearings, preliminary inquiries, trials, pleas of guilty and appeals are not heard in the same court at approximately the same time, the lawyer is not entitled to fees for more than one charge unless the lawyer satisfies the legal accounts officer that the course of action taken by the lawyer was appropriate.

H. Where a lawyer represents two or more persons, and one of them is a private retainer client and another of them is represented under a certificate, the lawyer shall disclose the fact of representing a private client to the legal accounts officer and shall prorate all disbursements and preparation between the private client and the applicant.

I. If a lawyer can readily ascertain that a maximum allowed by this Schedule is clearly inadequate with respect to a matter for which a certificate has been issued, the lawyer shall forthwith advise the area director and the legal accounts officer of the details of the case and an estimate of the time and services required. Failure to do so will be a factor in the settlement of the lawyer’s account.

J. In any matter not dealt with by this Schedule, the legal accounts officer shall allow a reasonable fee and, in determining the fee properly payable in respect of the matter, shall have regard to this Schedule for comparable services.

K. A lawyer may render interim accounts whenever his or her unbilled account balance, exclusive of disbursements, exceeds $500 and at such other times as the legal accounts officer may permit. However, a lawyer may not render an interim account for services rendered in connection with appeals except when permitted by the legal accounts officer.

L. Revoked: O. Reg. 151/10, s. 2 (2).

M. Where this Schedule specifies the maximum hours allowed for a group of services and a lawyer seeks payment for one or more but not all of those services, the legal accounts officer shall determine the number of hours for which the lawyer is entitled to payment. In making the determination, the legal accounts officer shall allow an appropriate number of hours having regard to the maximums specified in this Schedule.

N. Subject to Note B, the hourly rate payable for all services in criminal matters is,

(a) in the case of services performed under a certificate issued before August 1, 2002, $67;

(b) in the case of services performed under a certificate issued on or after August 1, 2002 and before April 1, 2003, $70.35;

(c) in the case of services performed under a certificate issued on or after April 1, 2003 and before April 1, 2007, $73.87;

(d) in the case of services performed under a certificate issued on or after April 1, 2007 and before February 1, 2010, $77.56;

(e) in the case of services performed under a certificate issued on or after February 1, 2010 and before April 1, 2010, $81.44;

(f) in the case of services performed under a certificate issued on or after April 1, 2010 and before April 1, 2011, $85.51;

(g) in the case of services performed under a certificate issued on or after April 1, 2011 and before April 1, 2012, $89.79;

(h) in the case of services performed under a certificate issued on or after April 1, 2012 and before April 1, 2013, $94.27;

(i) in the case of services performed under a certificate issued on or after April 1, 2013 and before April 1, 2014, $98.99;

(j) in the case of services performed under a certificate issued on or after April 1, 2014 and before April 1, 2015, $103.94; and

(k) in the case of services performed under a certificate issued on or after April 1, 2015, $109.13.

O. Despite Note N, in the case of a proceeding for which a budget is set under section 5, the president of the Corporation or an employee or officer of the Corporation designated by the president, having regard to the complexity and duration of the proceeding and the demonstrated skill and expertise of the lawyer providing services under the certificate, may decide that the following enhanced hourly rate is payable for all services provided under the certificate for the proceeding:

1. In the case of services performed under a certificate issued on or after February 1, 2010 and before April 1, 2010, $120.02.

2. In the case of services performed under a certificate issued on or after April 1, 2010 and before April 1, 2011, $124.82.

3. In the case of services performed under a certificate issued on or after April 1, 2011 and before April 1, 2012, $129.81.

4. In the case of services performed under a certificate issued on or after April 1, 2012 and before April 1, 2013, $135.00.

5. In the case of services performed under a certificate issued on or after April 1, 2013 and before April 1, 2014, $141.75.

6. In the case of services performed under a certificate issued on or after April 1, 2014 and before April 1, 2015, $148.84.

7. In the case of services performed under a certificate issued on or after April 1, 2015, $161.05.

P. For the purposes of Note O, factors relating to the complexity and duration of the proceeding include:

1. The length and nature of the police investigation that led to the proceeding.

2. The complexity of the Crown’s case.

3. Whether personal characteristics of the client make the proceeding particularly challenging.

4. Whether the proceeding involves novel, unusual or otherwise challenging issues.

5. Whether the proceeding involves multiple charges involving different facts or multiple accuseds.

6. Any other relevant factor that would warrant payment of the enhanced hourly rate.

TABLE

PART I
OFFENCES

Item

Column 1

Column 2

   

Maximum Hours Allowed

1.

Offences

 

1.1

Under the Criminal Code (Canada): treason; aircraft offences (ss. 76, 77, 78); perjury; fabricating evidence; incest; criminal negligence causing death or bodily harm; murder; manslaughter; infanticide; killing unborn child; attempted murder; choking; dangerous operation of motor vehicle causing death; impaired driving causing death; wounding; impaired operation causing death; aggravated assault; sexual assault with threats or weapon; aggravated sexual assault; kidnapping; hostage taking; robbery; extortion; arson (s. 433); any conspiracy charge; instructing commission of offence for criminal organization; dangerous offender applications; attempt to commit any offence named in this item or item 1.2; counselling any offence named in this item or item 1.2.

 

1.2

Under the Controlled Drugs and Substances Act (Canada): importing, production, trafficking or possession for the purpose of trafficking in a substance included in Schedule I, II or III of the Act.

 

1.3

Revoked: O. Reg. 180/04, s. 2 (2).

 

2.

Services other than Attendance at Preliminary Inquiry and Trial

 

2.1

For all services rendered in connection with preliminary inquiry and trial, including but not limited to,

 
 

    (a) all preparation, pre-trial conferences with the Crown, judicial interim release hearings after the first hearing, variations of judicial interim release orders, judicial pre-trials after the first judicial pre-trial, waiting time, correspondence, communications, document preparation; and

 
 

    (b) adjournments and remands, but not including,

 
 

    (c) attendance at the preliminary inquiry or trial.

 

2.2

The following maximums apply to services under item 2.1:

 
 

    (a) for the first day of preliminary inquiry or trial where the inquiry and trial last 10 days or less and the applicant pleads guilty or the charges are withdrawn

13

 

    (b) for the first day of preliminary inquiry or trial where the inquiry and trial last 10 days or less and the applicant does not plead guilty

15

 

    (c) for the first day of preliminary inquiry or trial where the inquiry and trial last more than 10 days

22

 

    (d) for each day of preliminary inquiry or trial after the first day

4

 

    (e) in any event, the total maximum hours allowed under clauses (a) and (d), under clauses (b) and (d) or under clauses (c) and (d) is

64

3.

Attendance at Preliminary Inquiry, Trial

 

3.1

Attendance at preliminary inquiry or trial

No maximum

PART II
OFFENCES

Item

Column 1

Column 2

   

Maximum Hours Allowed

4.

Offences

 

4.1

All indictable offences not included in Part I, sexual assault contrary to section 271 of the Criminal Code (Canada) and all hybrid offences where the Crown elects to proceed by indictment.

 

5.

Fees

 

5.1

For,

 
 

    (a) all preparation, pre-trial conferences with the Crown, judicial interim release hearings after the first hearing, variations of judicial interim release orders, judicial pre-trials after the first judicial pre-trial, waiting time, correspondence, communications, document preparation;

 
 

    (b) adjournments and remands; and

 
 

    (c) a half-day in court for a plea of guilty, whether or not a charge for another offence referred to in item 4.1 is withdrawn,

 
 

where the total time spent on services described in clause (a) does not exceed five hours

8.5

5.2

For,

 
 

    (a) all preparation, pre-trial conferences with the Crown, judicial interim release hearings after the first hearing, variations of judicial interim release orders, judicial pre-trials after the first judicial pre-trial, waiting time, correspondence, communications, document preparation;

 
 

    (b) adjournments and remands; and

 
 

    (c) a half-day in court for a plea of guilty or a withdrawal of all charges,

 
 

where the total time spent on services described in clause (a) exceeds five hours

13

5.3

For,

 
 

    (a) all preparation, pre-trial conferences with the Crown, judicial interim release hearings after the first hearing, variations of judicial interim release orders, judicial pre-trials after the first judicial pre-trial, waiting time, correspondence, communications, document preparation;

 
 

    (b) adjournments and remands; and

 
 

    (c) two half-days in court for a plea of guilty or a withdrawal of all charges

13

5.4

For,

 
 

    (a) all preparation, pre-trial conferences with the Crown, judicial interim release hearings after the first hearing, variations of judicial interim release orders, judicial pre-trials after the first judicial pre-trial, waiting time, correspondence, communications, document preparation;

 
 

    (b) adjournments and remands; and

 
 

    (c) two half-days in court following a plea of not guilty

15

5.5

Where an offence referred to in item 4.1 proceeds to a preliminary inquiry or trial and the inquiry and trial in total last more than two half-days, the case shall be billed in accordance with Part I of this Table and not in accordance with items 5.1 to 5.4.

 

5.6

Despite item 5.5, where an offence referred to in item 4.1 is resolved by way of guilty plea and the inquiry and trial in total last more than two half-days, the lawyer shall receive fees,

 
 

    (a) in accordance with item 5.3, for services rendered up to and including one day in court; and

 
 

    (b) for each half-day in court after the first day, including preparation therefor, an additional

2.5

PART III
OFFENCES

Item

Column 1

Column 2

Column 3

   

Maximum Hours Allowed 6.1 Offences

Maximum Hours Allowed 6.2 Offences

6.

Offences

   

6.1

All summary conviction offences under the Criminal Code (Canada) and all hybrid offences where the Crown elects to proceed summarily.

   

6.2

All provincial offences and all summary conviction offences under federal statutes other than the Criminal Code (Canada).

   

7.

Fees

   

7.1

For,

   
 

    (a) all preparation, pre-trial conferences with the Crown, judicial interim release hearings after the first hearing, variations of judicial interim release orders, judicial pre-trials after the first judicial pre-trial, waiting time, correspondence, communications, document preparation;

   
 

    (b) adjournments and remands; and

   
 

    (c) attendance in court,

   
 

where a plea of guilty is entered

6

5

7.2

For,

   
 

    (a) all preparation, pre-trial conferences with the Crown, judicial interim release hearings after the first hearing, variations of judicial interim release orders, judicial pre-trials after the first judicial pre-trial, waiting time, correspondence, communications, document preparation;

   
 

    (b) adjournments and remands; and

   
 

    (c) attendance in court,

   
 

where any charges are withdrawn, except where the accused is charged with more than one offence contrary to section 253 or with theft and possession arising out of the same set of circumstances

8.5

7

7.3

For,

   
 

    (a) all preparation, pre-trial conferences with the Crown, judicial interim release hearings after the first hearing, variations of judicial interim release orders, judicial pre-trials after the first judicial pre-trial, waiting time, correspondence, communications, document preparation;

   
 

    (b) adjournments and remands; and

   
 

    (c) attendance in court for the first day of trial,

   
 

where items 7.1 and 7.2 do not apply

10.5

9

7.4

Where item 7.1 or 7.2 applies, for each half-day of trial after the first day, including all preparation therefor, an additional

2.5

2.5

7.5

Where item 7.3 applies, for each day of trial after the first day, including all preparation therefor, an additional

5

5

PART IV
ANCILLARY CRIMINAL PROCEEDINGS

Item

Column 1

Column 2

   

Maximum Hours Allowed

8.

Interim Release, Canadian Charter of Rights and Freedoms, Criminal Code Review Board Hearings, pre-trial Hearings

 

8.1

For all preparation and attendance for the first application for judicial interim release

2

8.2

For all preparation, including drafting, serving and filing of the notice of motion and factum and for attendance at the hearing for the first application for an order pursuant to the Canadian Charter of Rights and Freedoms

2

8.3

For all preparation and attendance at,

 
 

    (a) one judicial pre-trial hearing before a judge of the Ontario Court of Justice

2

 

    (b) one judicial pre-trial hearing before a judge of the Superior Court of Justice

2

8.4

For all services for application to the Superior Court of Justice for review of orders made under section 515 of the Criminal Code (Canada), where approved by the area director

5

8.5

For all services rendered in connection with a Criminal Code Review Board hearing:

 
 

    (a) for all services other than attendance at the hearing,

 
 

      (i) for the first day of hearing

10

 

      (ii) for second day of hearing

8

 

    (b) for attendance at the hearing

No maximum

8.6

For all services for an application for interim release pending appeal to the Superior Court of Justice, the Court of Appeal or the Supreme Court of Canada or for an application for release pending a new trial

5

8.7

For all services for an extension of interim release pending appeal to the Superior Court of Justice, the Court of Appeal or the Supreme Court of Canada or for an extension of release pending a new trial

3

9.

Appeals to Superior Court of Justice

 

9.1

For all services rendered in connection with a summary conviction appeal to the Superior Court of Justice other than attendance in court on the hearing of the appeal,

 
 

    (a) on appeal from conviction or from conviction and sentence

16

 

    (b) on appeal from sentence

14

9.2

For attendance on the hearing of the appeal

No maximum

9.3

Despite items 9.1 and 9.2, on a stated case summary conviction appeal,

 
 

    (a) for all services rendered in connection with the appeal, other than attendance in court on the hearing of the appeal, and for one day attendance on the hearing of the appeal

11

 

    (b) for each day attendance on the hearing of the appeal after the first day, including all preparation

6.5

10.

Appeals to the Court of Appeal

 

10.1

For all services rendered in connection with an appeal to the Court of Appeal other than attendance in court on the hearing of the appeal.

 

10.2

The following maximums apply to services under item 10.1:

 
 

    (a) on appeal from conviction or from conviction and sentence

37

 

    (b) on appeal from sentence,

 
 

      (i) if a plea of guilty was entered

14

 

      (ii) if the sentence followed a trial

16

10.3

For attendance on the hearing of the appeal

No maximum

11.

Appeals to the Supreme Court of Canada

 

11.1

For all services rendered in connection with an appeal to the Supreme Court of Canada, other than attendance in court on the hearing of the application for leave to appeal and appeal.

 

11.2

The following maximums apply to services under item 11.1:

 
 

    (a) for application for leave to appeal

12

 

    (b) for hearing of appeal

37

11.3

For attendance on hearing of application for leave to appeal and appeal

No maximum

11.4

For receiving judgment

2

12.

Prerogative writs

 

12.1

For all preparation

16

12.2

For attendance on hearing of prerogative writ

No maximum

PART V
MISCELLANEOUS

Item

Column 1

 

Description of Service

13.

Travel Time

13.1

With the approval of the area director, travel time shall be allowed at the rate of $43 per hour, where a lawyer travels more than 50 kilometres, one way, from his or her office,

 

    (a) for an appearance in court as counsel on behalf of an applicant other than for an adjournment, setting a date for a future appearance or similar procedural matter;

 

    (b) for up to two visits before the preliminary inquiry with an applicant who is incarcerated;

 

    (c) for one visit before trial with an applicant who is incarcerated;

 

    (d) for one pre-trial conference with the judge before the preliminary inquiry;

 

    (e) for one pre-trial conference with the judge before the trial.

13.2

An appeal from the decision of the area director lies to the area committee and a further appeal lies to the president.

13.3

Despite item 13.1, in appeals to the Ontario Court of Appeal and the Supreme Court of Canada, travel time shall be allowed at a rate of $43 per hour where a lawyer travels more than 50 kilometres, one way, from his or her office for an appearance as counsel on behalf of the applicant.

13.4

Revoked: O. Reg. 180/04, s. 2 (3).

13.5

The fee allowed for travel time within southern Ontario shall not exceed 30 per cent of the total fee allowed for the services rendered as settled by the legal accounts officer.

13.6

For the purposes of this Schedule, the dividing line between northern Ontario and southern Ontario is as follows:

 

Healy Lake (Municipal) Road from Healy Lake easterly to its junction with Highway 612; Highway 612 to Highway 103; Highway 103 easterly to its junction with Highway 69; Highway 69 easterly to its junction with Highway 118; Highway 118 through Bracebridge to its junction with Highway 11; Highway 11 northerly to its junction with Highway 60 at Huntsville; Highway 60 easterly to its junction with Highway 62 at Killaloe Station; Highway 62 to Pembroke; the above-named highways to be included in southern Ontario.

14.

Experience Allowances

14.1

Fees set out in this Schedule, other than the fees set out in Note O of this Schedule, are subject to an increase of 12.5 per cent for a lawyer who certifies that he or she has the equivalent of four years of practice in criminal law.

14.2

Fees set out in this Schedule, other than the fees set out in Note O of this Schedule, are subject to an increase of 25 per cent for a lawyer who certifies that he or she has the equivalent of 10 years of practice in litigation, including at least four years of practice in criminal law.

14.3

For the purpose of this Schedule,

 

    (a) practice in litigation means practice in civil litigation or practice in criminal law; and

 

    (b) years of practice in criminal law or litigation are calculated by multiplying the total number of years in practice by the percentage of the lawyer’s practice that is criminal law or litigation, as the case may be.

15.

Other Matters

15.1

In any matter referred to in subsection 25 (4) or (5) of the Act, the fee shall be in the discretion of the legal accounts officer who shall have regard to the importance and difficulty of the work.

15.2

The legal accounts officer may allow a fee in proper cases for any services rendered with respect to an application to an area committee under subsection 25 (4) or (5) of the Act when such services have been rendered at the request of and for the use of the area committee.

15.3

The legal accounts officer may allow a fee to a lawyer for the preparation of an opinion, for an additional opinion or for the lawyer’s attendance to make further submissions when requested by the area committee or the area director.

15.4

A lawyer shall be paid an administrative fee in the amount of one-half hour of the hourly rate upon signing and returning the acceptance and undertaking of a certificate.

16.

Youth Justice

16.1

The fee payable for all services for a successful application for alternative measures shall be the fee payable for a guilty plea by an adult for the same type of offence.

16.2

Fees shall be allowed for proceedings under the Youth Criminal Justice Act (Canada) at the same rate as is provided under the Act creating the offence.

17.

Remote Northern Areas Incentives

17.1

For the purposes of this Schedule, the following are remote northern areas:

 

Judicial District of Cochrane

 

Judicial District of Kenora

 

Judicial District of Rainy River

 

Judicial District of Temiskaming

 

All communities served by Nishnawbe Aski Nation.

17.2

Fees and rates for travel time set out in this Schedule are subject to an increase of 10 per cent for services performed in a remote northern area.

17.3

Despite anything in this Schedule that would otherwise provide for a lower total daily fee, the total daily fee payable to a lawyer for services performed in a remote northern area shall not be less than the following amount if the lawyer, to perform the services, is required to travel 200 kilometres or more (one way) from his or her regular place of business and the place where the services are performed is not the location of an area office:

 

    (a) $800, in the case of services performed under a certificate issued on or after August 1, 2002 and before April 1, 2007;

 

    (b) $840, in the case of services performed under a certificate issued on or after April 1, 2007 and before February 1, 2010;

 

    (c) $882, in the case of services performed under a certificate issued on or after February 1, 2010 and before April 1, 2010, except where clause (d) applies;

 

    (d) $1,039.75, in the case of services performed under a certificate issued on or after February 1, 2010 and before April 1, 2010 in respect of which the enhanced hourly rates set out in Note O of this Schedule apply;

 

    (e) $926.10, in the case of services performed under a certificate issued on or after April 1, 2010 and before April 1, 2011, except where clause (f) applies;

 

    (f) $1,081.34, in the case of services performed under a certificate issued on or after April 1, 2010 and before April 1, 2011 in respect of which the enhanced hourly rates set out in Note O of this Schedule apply;

 

    (g) $972.41, in the case of services performed under a certificate issued on or after April 1, 2011 and before April 1, 2012, except where clause (h) applies;

 

    (h) $1,124.60, in the case of services performed under a certificate issued on or after April 1, 2011 and before April 1, 2012 in respect of which the enhanced hourly rates set out in Note O of this Schedule apply;

 

    (i) $1,021.03, in the case of services performed under a certificate issued on or after April 1, 2012 and before April 1, 2013, except where clause (j) applies;

 

    (j) $1,169.58, in the case of services performed under a certificate issued on or after April 1, 2012 and before April 1, 2013 in respect of which the enhanced hourly rates set out in Note O of this Schedule apply;

 

    (k) $1,072.08, in the case of services performed under a certificate issued on or after April 1, 2013 and before April 1, 2014, except where clause (l) applies;

 

    (l) $1,228.06, in the case of services performed under a certificate issued on or after April 1, 2013 and before April 1, 2014 in respect of which the enhanced hourly rates set out in Note O of this Schedule apply;

 

    (m) $1,125.68, in the case of services performed under a certificate issued on or after April 1, 2014 and before April 1, 2015, except where clause (n) applies;

 

    (n) $1,289.46, in the case of services performed under a certificate issued on or after April 1, 2014 and before April 1, 2015 in respect of which the enhanced hourly rates set out in Note O of this Schedule apply;

 

    (o) $1,181.96, in the case of services performed under a certificate issued on or after April 1, 2015, except where clause (p) applies;

 

    (p) $1,395.20, in the case of services performed under a certificate issued on or after April 1, 2015 in respect of which the enhanced hourly rates set out in Note O of this Schedule apply.

17.4

Item 17.3 also applies with respect to services performed in the following judicial districts, as if they were remote northern areas:

 

Judicial District of Algoma

 

Judicial District of Sudbury/Manitoulin

 

Judicial District of Thunder Bay.

17.5

Items 17.2 and 17.3 apply in respect of services performed under a certificate issued on or after August 1, 2002. Item 17.4 applies in respect of services performed under a certificate issued on or after April 1, 2004.

O. Reg. 107/99, Sched. 1; O. Reg. 228/02, s. 1; O. Reg. 113/03, s. 1; O. Reg. 211/03, s. 1; O. Reg. 180/04, s. 2; O. Reg. 293/07, s. 2; O. Reg. 151/10, s. 2.

SCHEDULE 2
FEES IN CIVIL MATTERS

NOTES

A. The fees payable in civil litigation, family law and child protection matters are set out in the Table to this Schedule and must be read in conjunction with these Notes and any qualifications or allowances set out in the Table.

A.1 The Table is divided into Parts that are applicable as follows:

1. Part I sets out the basic hourly rate applicable to civil litigation, family law and child protection matters.

2. Part II A applies to civil litigation matters.

3. Part II B applies to family law matters; advising complainants in family violence criminal matters is included as a family law matter.

4. Part II C applies to child protection matters under the Child and Family Services Act.

5. Part II D applies to civil litigation, family law and child protection matters.

6. Part II E applies to appeals.

7. Part II F applies to immigration and refugee matters.

8. Part II G applies to matters before administrative boards and tribunals.

9. Part II H applies to other matters.

10. Part III applies to block fee matters.

11. Part IV applies to travel time, experience allowances and other matters.

B. All fees in this Schedule are subject to an increase or decrease in accordance with Note C and items 24.1 and 24.2 of the Table to this Schedule.

C. This Schedule is a legal aid tariff reflecting fees customarily paid by a client of modest means and except in exceptional circumstances the fees provided for shall normally apply for the described legal services, but,

(a) at the written request of the lawyer, the fees may be increased by the legal accounts officer if in his or her opinion an increase is justified, having regard to all the circumstances, including,

(i) the result obtained,

(ii) the complexity of the matter,

(iii) the contributions of the applicant or other contributors,

(iv) the amount of time realistically set aside in anticipation of a lengthy trial or hearing which time was not otherwise filled by the lawyer, and

(v) any other relevant factor that would warrant an increased fee; and

(b) the fees may be decreased by the legal accounts officer if in his or her opinion a decrease is appropriate,

(i) under section 43 of Ontario Regulation 106/99, or

(ii) where and to the extent that the fees charged exceed the amount of fees that would be allowed if the fees of the lawyer were assessed under the Solicitors Act.

D., E. Revoked: O. Reg. 180/04, s. 3 (1).

F. If a lawyer represents two or more persons in the same proceeding or if a lawyer represents a person in two or more proceedings and, in either case, if the trials, hearings or appeals are heard in the same court or forum at approximately the same time, then, for the purposes of this Schedule, the lawyer shall be entitled to fees as for one client on one proceeding and such additional fees as may be appropriate in accordance with Note C.

G. If a lawyer can readily ascertain that a maximum allowed by this Schedule is clearly inadequate with respect to a matter for which a certificate has been issued, the lawyer shall promptly advise the area director and the legal accounts officer of the details of the case and an estimate of the time and services required. Failure to do so will be a factor in the settlement of the lawyer’s account.

H. In any matter not dealt with by this Schedule, the legal accounts officer shall allow a reasonable fee and, in determining the fee properly payable in respect of the matter, shall have regard to this Schedule for comparable services.

I. A lawyer may render interim accounts: after all interim motions are concluded; after completion of examinations for discovery; after a pre-trial conference; and at such other times as the legal accounts officer may permit. However, a lawyer may not render an interim account for services rendered in connection with appeals except when permitted by the legal accounts officer.

J. Revoked: O. Reg. 151/10, s. 3 (1).

K. A fee may be allowed in the discretion of the legal accounts officer for negotiating a settlement whether or not a settlement has been effected or a proceeding has been initiated.

L. Where this Schedule specifies the maximum hours allowed for a group of services and a lawyer seeks payment for one or more but not all of those services, the legal accounts officer shall determine the number of hours for which the lawyer is entitled to payment. In making the determination, the legal accounts officer shall allow an appropriate number of hours having regard to the maximums specified in this Schedule.

TABLE

PART I
HOURLY RATE — JUDICIAL OR QUASI-JUDICIAL PROCEEDINGS

Item

Column 1

Column 2

 

Description of Service

Rate Per Hour

1.

Hourly Rate

 

1.1

For all matters in the Supreme Court of Canada, Ontario Court of Appeal, Superior Court of Justice, Federal Court of Canada, Ontario Court of Justice or a surrogate court or quasi-judicial or administrative boards or commissions and for other matters referred to in Part II of the Table

    (a) $67 for services performed under a certificate issued before August 1, 2002;

   

    (b) $70.35 for services performed under a certificate issued on or after August 1, 2002 and before April 1, 2003;

   

    (c) $73.87 for services performed under a certificate issued on or after April 1, 2003 and before April 1, 2007;

   

    (d) $77.56 for services performed under a certificate issued on or after April 1, 2007 and before February 1, 2010;

   

    (e) $81.44 for services performed under a certificate issued on or after February 1, 2010 and before April 1, 2010;

   

    (f) $85.51 for services performed under a certificate issued on or after April 1, 2010 and before April 1, 2011;

   

    (g) $89.79 for services performed under a certificate issued on or after April 1, 2011 and before April 1, 2012;

   

    (h) $94.27 for services performed under a certificate issued on or after April 1, 2012 and before April 1, 2013;

   

    (i) $98.99 for services performed under a certificate issued on or after April 1, 2013 and before April 1, 2014;

   

    (j) $103.94 for services performed under a certificate issued on or after April 1, 2014 and before April 1, 2015;

   

    (k) $109.13 for services performed under a certificate issued on or after April 1, 2015.

1.2

The hourly rate shall not be paid where, under Part III, this Table provides for the payment of a block fee.

 

1.3

Part II of the Table sets out in Column 2 the maximum hours allowed for the professional services described opposite thereto in Column 1.

 

PART II
MAXIMUM HOURS ALLOWED

Item

Column 1

Column 2

 

Description of Service

Maximum Hours Allowed

 

A. CIVIL LITIGATION

 

2.

Institution of a Proceeding

 

2.1

For preliminary interviews, advising and receiving instructions for the commencement or defence of an action or application before a court or before a quasi-judicial or administrative board or commission, including preparation and issuance of originating process other than a pleading

2.5

2.2

For preparation and delivery of all pleadings, including affidavits in support of or in response to an application, demand and reply to demand for particulars

4

3.

Discoveries and Examinations

 

3.1

For preparation of notice to produce documents and affidavits on production, production and inspection of documents and preparation for discoveries or for examinations on applications or motions,

 
 

    (a) for the first hour of each examination

2

 

    (b) for each additional hour of examination

1

3.2

The maximum hours allowed under item 3.1 is

7

3.3

For attendance on discovery or examination on an application or motion

No maximum

3.4

For preparation and delivery of request to admit and response to request to admit

2

4.

Motions and Other Interlocutory Hearings

 

4.1

For procedural motions without notice, for all services, including preparation of notice of motion and affidavits, preparation and attendance at hearing, if required, and settling, signing and entering the order

1

4.2

For all other motions and interlocutory hearings including appeals to the Superior Court of Justice,

 
 

    (a) for all services, including preparation of notice of motion or notice of appeal and affidavits, preparation for hearing, and settling, signing and entering the order, but not including attendance at hearing

4.5

 

    (b) for attendance at hearing

No maximum

4.3

On motion for leave to appeal from the disposition of a motion under item 4.1 or 4.2, for all preparation

2

4.4

For attendance at hearing or adjournment of a motion for leave to appeal from a disposition of a motion under item 4.1 or 4.2

No maximum

5.

Pre-Trial Conferences and Issues Hearings

 

5.1

For all preparation for a pre-trial conference, case conference or issues hearing

2

5.2

For attendance on a pre-trial conference, case conference or an issues hearing

No maximum

6.

Correspondence and Communications

 

6.1

For all necessary correspondence and communications (with billing being allowed a maximum of 0.2 hours)

3

 

B. FAMILY LAW

 

7.

Family Law

 

7.1

The maximums provided in items 7.2 to 7.10 include all services before the first pre-trial hearing, including interviews, correspondence, communications, pleadings, preparation of financial statements, discovery, production, disclosure, case management meetings with a judge, opinion letters, reporting and billing (with billing being allowed a maximum of 0.2 hours).

 

7.2

For applications and proceedings under the Divorce Act (Canada), the Family Law Act and the Children’s Law Reform Act, and for the negotiation of domestic contracts under the Family Law Act

12

7.3

For matters in which custody or both custody and access is in issue, an additional

15

7.4

For matters in which access is in issue, an additional

7.5

7.5

For matters in which support of a child, support of a person who has lived in a conjugal relationship within or outside marriage, or both is in issue, an additional

9

7.6

For matters in which any of possession, ownership, entitlement, identification or calculation of net family property or equalization payment is in issue, an additional

8

7.7

For matters in which an order restraining contact between persons who have lived together in a conjugal relationship within or outside marriage is sought or is in issue, an additional

4

7.8

For interviews and advice to complainant in a family violence criminal matter

2

7.9

For all services in connection with an application to vary an existing order or agreement for support of a child, for support of a person who has lived in a conjugal relationship within or outside marriage, or both, including interviews, advice, preparation of a financial statement, obtaining financial disclosure and documentation, correspondence, communications, negotiation, attendance at a variation conference and reporting on it, and drafting and filing respondent’s emergency pleadings in the respondent’s name

7.5

7.10

For initiating or responding to a court application to vary a support order or agreement, for all services following the completion of the variation conference to the end of the first pre-trial conference, an additional

10

7.11

For all preparation for and attendance at the first pre-trial conference, case conference, settlement conference or issues hearing

4

 

C. CHILD PROTECTION

 

8.

Child Protection

 

8.1

The maximums provided in items 8.2 and 8.3 include all services up to the end of the first pre-trial hearing, including interviews, correspondence, communications, pleadings, opinion letters, preparation for and attendance at status review hearings, reporting and billing (with billing being allowed a maximum of 0.2 hours).

 

8.2

All proceedings under the Child and Family Services Act for all services where a children’s aid society is seeking an order for society supervision or wardship

19

8.3

In proceedings under the Child and Family Services Act where a children’s aid society is seeking an order for Crown wardship

22

8.4

For all services for a motion for temporary care and custody

6

8.5

For preparation for and attendance at a status review hearing

6

 

D. LITIGATION

 

9.

Trials, References and Hearings

 

9.1

For setting the action or application down for trial, preparing and delivering notice of trial, attendance at assignment court and all preparation for a trial, reference or hearing of an application and preparation during the trial, reference or hearing,

 
 

    (a) after the final pre-trial conference and before the first day of attendance at a trial, reference or hearing

15

 

    (b) for each day of attendance at a trial, reference or hearing after the first day

4

9.2

For attendance at a trial, reference or hearing of an application

No maximum

9.3

For an adjournment of a trial, reference or hearing of an application

No maximum

10.

Matters Subsequent to Trial, Reference or Hearing

 

10.1

For all necessary matters subsequent to a trial, reference or hearing of an application, including signing and entering judgment but excluding matters provided for in items 10.2, 10.3, 10.4 and 10.5

2

10.2

For all preparation for and attendance on appointment to settle judgment

1

10.3

For all preparation for and attendance on assessment of bill of costs, obtaining assignment of costs and filing execution

3

10.4

For all preparation for and attendance on examination in aid of execution

2

10.5

For all preparation for and attendance at a default hearing in the Ontario Court of Justice or the Family Court of the Superior Court of Justice

2

10.6

For all other necessary matters including preparation and filing request to enforce and preparing and issuing notice of garnishment

2

 

E. APPEALS

 

11.

Appeals Combined with Motion for Leave

 

11.1

If a motion for leave to appeal and the hearing of the appeal are heard at approximately the same time, the lawyer is entitled to fees for the appeal only.

 

12.

Appeals to the Supreme Court of Canada

 

12.1

For all preparation for leave to appeal

17

12.2

For attendance on application for leave to appeal

No maximum

12.3

For all preparation for appeal

37

12.4

For attendance on appeal

No maximum

13.

Appeals to the Court of Appeal, Federal Court of Appeal

 

13.1

For all preparation of motion for leave to appeal

12

13.2

For attendance on motion for leave to appeal

No maximum

13.3

For all preparation for appeal

27

13.4

For attendance on appeal

No maximum

14.

Appeals to the Superior Court of Justice

 

14.1

For all preparation, including drawing and filing notice of appeal and appeal books

16

14.2

For attendance on appeal

No maximum

 

F. IMMIGRATION AND REFUGEE MATTERS

 

15.

Immigration and Refugee Matters

 

15.1

In matters before the Convention Refugee Determination Division of the Immigration and Refugee Board, appeals to the Appeals Division, and Inquiries before an adjudicator, for all preparation before the hearing including interviews, advice, completion of the personal information form, preparation for prehearing proceedings, opinion letters, communications, correspondence and motions

16

15.2

Despite item 15.1, where the application is from a country for which the success rate of applications for refugee status exceeds 90 per cent, for all services mentioned in item 15.1

10

15.3

Despite item 15.1, in expedited applications before the Convention Refugee Determination Division, for all services mentioned in item 15.1

8

15.4

For attendance at the hearing or prehearing

No maximum

15.5

For a review of a detention order,

 
 

    (a) for all preparation

3

 

    (b) for all preparation for each subsequent detention review

1

 

    (c) for attendance at the hearing

No maximum

15.6

For all services relating to submissions to the Minister and applications on humanitarian and compassionate grounds

10

15.7

For applications for judicial review and appeals to the Federal Court,

 
 

    (a) for all preparation for the motion for leave

15

 

    (b) for all preparation for the appeal or application

15

 

    (c) despite clauses (a) and (b), for total preparation for the leave application and the appeal or application

27

 

    (d) for attendance on the appeal or application

No maximum

15.8

For applications to stay deportation,

 
 

    (a) for all preparation

6.5

 

    (b) for attendance on the stay application

No maximum

 

G. ADMINISTRATIVE BOARDS AND TRIBUNALS

 

16.

Administrative Boards and Tribunals

 

16.1

    (a) For all preparation before the first day of hearing before the Consent and Capacity Board, the Ontario Parole and Earned Release Board, the Federal Parole Board or the Warden’s Court

10

 

    (b) For all preparation before the first day of hearing before other quasi-judicial or administrative boards or tribunals

8

 

    (c) For all preparation before each subsequent day of hearing

2

 

    (d) For attendance at the hearing

No maximum

 

    (e) For preparation for the separate hearing of a second issue in a matter under the Mental Health Act, the Substitute Decisions Act, 1992 or the Health Care Consent Act, 1996

3

 

H. OTHER MATTERS

 

17.

Wills

 

17.1

For all services in drawing a will, together with or without a power of attorney

4

PART III
BLOCK FEES

Item

Column 1

Column 2

 

Description of Service

Block Fee

18.

Uncontested Divorces

 

18.1

For an uncontested divorce proceeding, including preliminary attendances, opinion letters, preparing and issuing petition, service and all other necessary matters including correspondence, uncontested procedural motions, motion for judgment, discoveries, preparation for trial, setting down for trial, attendance at trial, where necessary, and all matters subsequent to trial, including obtaining a certificate for divorce

nil

18.2

If an order for costs is granted, for all services in taking out the judgment, including preparation of a bill of costs, attendance on the assessment of costs, obtaining the assignment of costs and filing execution

nil

18.3

In items 18.1 and 18.2, an uncontested divorce is one in which no claim is made for any relief which is in issue between the parties.

 

19.

Uncontested Change of Name Applications

 

19.1

For all services in an appeal from the refusal of an application for a change of name under the Change of Name Act

$284

20.

Uncontested Adoption Applications

 

20.1

For all services in an uncontested adoption application,

 
 

    (a) if licence required

$500

 

    (b) if licence not required

340

21.

Motions under the Wages Act

 

21.1

For all services including preparation, drafting affidavits and other documents and attendances on the judge in a motion under section 7 of the Wages Act

$112

22.

Small Claims Court

 

22.1

If the amount involved is $200 or less,

 
 

    (a) for preparation of claim

$34

 

    (b) for preparation of dispute

34

 

    (c) for attendance at trial

84

22.2

If the amount involved exceeds $200 but does not exceed $400,

 
 

    (a) for preparation of claim

44

 

    (b) for preparation of dispute

44

 

    (c) for attendance at trial

112

22.3

If the amount involved exceeds $400,

 
 

    (a) for preparation of claim

56

 

    (b) for preparation of dispute

56

 

    (c) for attendance at trial

140

22.4

For all proceedings on an application for a consolidation order in the Small Claims Court including searches, affidavits, service, correspondence and attendances on the judge and clerk

140

22.5

For negotiating and drawing an agreement for the rateable distribution of payments by a debtor among the creditors

140

22.6

For receiving and distributing payments made pursuant to an agreement referred to in item 22.5, the fee is 6 per cent of the amount received.

 

PART IV
MISCELLANEOUS

Item

Column 1

 

Description of Service

23.

Travel Time

23.1

With the approval of the area director, travel time shall be allowed at the rate of $43 per hour where a lawyer travels more than 50 kilometres, one way, from his or her office for an appearance as counsel on an adjournment, contested motion, examination for discovery, settlement conference, pre-trial hearing or trial on behalf of an applicant or where a lawyer necessarily travels more than 50 kilometres, one way, from his or her office to interview an applicant or witness.

23.2

An appeal from the decision of the area director lies to the area committee and a further appeal lies to the president.

23.3

Despite item 23.1, in appeals to the Ontario Court of Appeal and the Supreme Court of Canada and in appeals or judicial review applications in the Federal Court and in hearings before the Convention Refugee Determination Division of the Immigration and Refugee Board, travel time shall be allowed at the rate of $43 per hour where a lawyer travels more than 50 kilometres, one way, from his or her office for an appearance as counsel on behalf of the applicant.

23.4

Revoked: O. Reg. 180/04, s. 3 (2).

23.5

The fee allowed for travelling time within southern Ontario shall not exceed 30 per cent of the total fee allowed for the services rendered as settled by the legal accounts officer.

23.6

For the purposes of this Schedule, the dividing line between northern Ontario and southern Ontario is as follows:

 

Healy Lake (Municipal) Road from Healy Lake easterly to its junction with Highway 612; Highway 612 to Highway 103; Highway 103 easterly to its junction with Highway 69; Highway 69 easterly to its junction with Highway 118; Highway 118 through Bracebridge to its junction with Highway 11; Highway 11 northerly to its junction with Highway 60 at Huntsville; Highway 60 easterly to its junction with Highway 62 at Killaloe Station; Highway 62 to Pembroke; the above-named highways to be included in southern Ontario.

24.

Experience Allowances

24.1

Fees set out in this Schedule are subject to an increase of 12.5 per cent for a lawyer who certifies that he or she has the equivalent of four years of practice in civil litigation.

24.2

Fees set out in this Schedule are subject to an increase of 25 per cent for a lawyer who certifies that he or she has the equivalent of 10 years of practice in litigation, including at least four years of practice in civil litigation.

24.3

For the purpose of this Schedule,

 

    (a) practice in litigation means practice in civil litigation or practice in criminal law; and

 

    (b) years of practice in civil litigation or litigation are calculated by multiplying the total number of years in practice by the percentage of the lawyer’s practice that is civil litigation or litigation, as the case may be.

25.

Other Matters

25.1

In any matter referred to in subsection 25 (4) or (5) of the Act, the fee shall be in the discretion of the legal accounts officer who shall have regard to the importance and difficulty of the work.

25.2

The legal accounts officer may allow a fee in proper cases for any services rendered with respect to an application to an area committee under subsection 25 (4) or (5) of the Act when such services have been rendered at the request of and for the use of the area committee.

25.3

The legal accounts officer may allow a fee to a lawyer for the preparation of an opinion, for an additional opinion or for the lawyer’s attendance to make further submissions when requested by the area committee or the area director.

25.4

For drawing documents, other than contracts, if the subject-matter or nature thereof is properly or customarily within the scope of the professional duties of a lawyer, the fee is $67 per hour.

25.5

A lawyer shall be paid an administrative fee in the amount of one-half hour of the hourly rate upon signing and returning the acceptance and undertaking of a certificate.

26.

Remote Northern Areas Incentives

26.1

For the purposes of this Schedule, the following are remote northern areas:

 

Judicial District of Cochrane

 

Judicial District of Kenora

 

Judicial District of Rainy River

 

Judicial District of Temiskaming

 

All communities served by Nishnawbe Aski Nation.

26.2

Fees and rates for travel time set out in this Schedule are subject to an increase of 10 per cent for services performed in a remote northern area.

26.3

Despite anything in this Schedule that would otherwise provide for a lower total daily fee, the total daily fee payable to a lawyer for services performed in a remote northern area shall not be less than the following amount if the lawyer, to perform the services, is required to travel 200 kilometres or more (one way) from his or her regular place of business and the place where the services are performed is not the location of an area office:

 

    (a) $800, in the case of services performed under a certificate issued on or after August 1, 2002 and before April 1, 2007;

 

    (b) $840, in the case of services performed under a certificate issued on or after April 1, 2007 and before February 1, 2010;

 

    (c) $882, in the case of services performed under a certificate issued on or after February 1, 2010 and before April 1, 2010;

 

    (d) $926.10, in the case of services performed under a certificate issued on or after April 1, 2010 and before April 1, 2011;

 

    (e) $972.41, in the case of services performed under a certificate issued on or after April 1, 2011 and before April 1, 2012;

 

    (f) $1,021.03, in the case of services performed under a certificate issued on or after April 1, 2012 and before April 1, 2013;

 

    (g) $1,072.08, in the case of services performed under a certificate issued on or after April 1, 2013 and before April 1, 2014;

 

    (h) $1,125.68, in the case of services performed under a certificate issued on or after April 1, 2014 and before April 1, 2015;

 

    (i) $1,181.96, in the case of services performed under a certificate issued on or after April 1, 2015.

26.4

Item 26.3 also applies with respect to services performed in the following judicial districts, as if they were remote northern areas:

 

Judicial District of Algoma

 

Judicial District of Sudbury/Manitoulin

 

Judicial District of Thunder Bay.

26.5

Items 26.2 and 26.3 apply in respect of services performed under a certificate issued on or after August 1, 2002. Item 26.4 applies in respect of services performed under a certificate issued on or after April 1, 2004.

O. Reg. 107/99, Sched. 2; O. Reg. 27/00, s. 2; O. Reg. 228/02, s. 2; O. Reg. 113/03, s. 2; O. Reg. 180/04, s. 3; O. Reg. 286/05, s. 1; O. Reg. 293/07, s. 3; O. Reg. 151/10, s. 3.

SCHEDULE 3
FEES FOR LAWYERS PROVIDING SERVICES OF LAW CLERKS, ARTICLED STUDENTS AND INVESTIGATORS

Item

Column 1

Column 2

 

Description

Fee

1.

Fees for law clerks and investigators in the employ of the lawyer, per hour

    (a) $23 for services performed under a certificate issued on or after April 1, 2007 and before February 1, 2010;

   

    (b) $24.15 for services performed under a certificate issued on or after February 1, 2010 and before April 1, 2010;

   

    (c) $25.36 for services performed under a certificate issued on or after April 1, 2010 and before April 1, 2011;

   

    (d) $26.63 for services performed under a certificate issued on or after April 1, 2011 and before April 1, 2012;

   

    (e) $27.96 for services performed under a certificate issued on or after April 1, 2012 and before April 1, 2013;

   

    (f) $29.35 for services performed under a certificate issued on or after April 1, 2013 and before April 1, 2014;

   

    (g) $30.82 for services performed under a certificate issued on or after April 1, 2014 and before April 1, 2015;

   

    (h) $32.36 for services performed under a certificate issued on or after April 1, 2015.

2.

Fees for articled students in the employ of the lawyer, per hour

    (a) $46 for services performed under a certificate issued on or after April 1, 2007 and before February 1, 2010;

   

    (b) $48.30 for services performed under a certificate issued on or after February 1, 2010 and before April 1, 2010;

   

    (c) $50.72 for services performed under a certificate issued on or after April 1, 2010 and before April 1, 2011;

   

    (d) $53.25 for services performed under a certificate issued on or after April 1, 2011 and before April 1, 2012;

   

    (e) $55.91 for services performed under a certificate issued on or after April 1, 2012 and before April 1, 2013;

   

    (f) $58.71 for services performed under a certificate issued on or after April 1, 2013 and before April 1, 2014;

   

    (g) $61.64 for services performed under a certificate issued on or after April 1, 2014 and before April 1, 2015;

   

    (h) $64.73 for services performed under a certificate issued on or after April 1, 2015.

NOTES

A. Where Schedules 1 and 2 provide a total fee for a particular service, the fee payable for the service shall include any services provided by any one or more of a law clerk, articled student or investigator. Where all of the service has been provided by any one or more of such persons, the fee payable for the services is the lesser of the total fee calculated under Schedule 1 or 2 and the amount calculated under this Schedule.

B. Where Schedules 1 and 2 provide a maximum number of hours of preparation, any allowance for fees under this Schedule shall be considered as part of the total allowable fees and be included in the maximum. However, in applying the maximum, the hours billed under Schedules 1 and 2 shall be applied first.

C. For the purposes of this Schedule, the following are remote northern areas:

Judicial District of Cochrane

Judicial District of Kenora

Judicial District of Rainy River

Judicial District of Temiskaming

All communities served by Nishnawbe Aski Nation.

D. Fees for articled students set out in this Schedule are subject to an increase of 10 per cent for services performed in a remote northern area.

E. Note D applies in respect of services performed under a certificate issued on or after August 1, 2002.

O. Reg. 107/99, Sched. 3; O. Reg. 228/02, s. 3; O. Reg. 293/07, s. 4; O. Reg. 151/10, s. 4.

SCHEDULE 4
FEES FOR DUTY COUNSEL

Item

Column 1

Column 2

 

Description Service Provided

Rate Per Hour

1.

Subject to item 2, performance of duties as duty counsel under section 24 of Ontario Regulation 106/99, (Administration of System for Providing Legal Aid Services) made under the Act to a maximum of five hours

    (a) $57 for services performed before August 1, 2002;

   

    (b) $70.35 for services performed on or after August 1, 2002 and before April 1, 2003;

   

    (c) $73.87 for services performed on or after April 1, 2003 and before April 1, 2007;

   

    (d) $77.56 for services performed on or after April 1, 2007 and before February 1, 2010;

   

    (e) $81.44 for services performed on or after February 1, 2010 and before April 1, 2010;

   

    (f) $85.51 for services performed on or after April 1, 2010 and before April 1, 2011;

   

    (g) $89.79 for services performed on or after April 1, 2011 and before April 1, 2012;

   

    (h) $94.27 for services performed on or after April 1, 2012 and before April 1, 2013;

   

    (i) $98.99 for services performed on or after April 1, 2013 and before April 1, 2014;

   

    (j) $103.94 for services performed on or after April 1, 2014 and before April 1, 2015;

   

    (k) $109.13 for services performed on or after April 1, 2015.

2.

With the approval of the area director, a travel allowance for the time spent travelling to and from the place where the lawyer’s services are performed, where the distance is 50 kilometres or more, one way, and the lawyer satisfies the area director that the travel was reasonable and necessary under the circumstances

43

3.

Revoked: O. Reg. 180/04, s. 4 (1).

 

NOTES

A. Subject to clause 3 (1) (b) of this Regulation, duty counsel are entitled to payment for services provided when scheduled.

B. On the recommendation of the area director and with the approval of the president, the maximum number of hours permitted under item 1 may be increased.

C. For the purposes of this Schedule, the following are remote northern areas:

Judicial District of Cochrane

Judicial District of Kenora

Judicial District of Rainy River

Judicial District of Temiskaming

All communities served by Nishnawbe Aski Nation.

D. Fees and rates for travel time set out in this Schedule are subject to an increase of 10 per cent for services performed in a remote northern area.

D.1 Despite anything in this Schedule that would otherwise provide for a lower total daily fee, the total daily fee payable to a lawyer for services performed in a remote northern area shall not be less than the following amount if the lawyer, to perform the services, is required to travel 200 kilometres or more (one way) from his or her regular place of business and the place where the services are performed is not the location of an area office:

1. In the case of services performed on or after August 1, 2002 and before April 1, 2007, $800.

2. In the case of services performed on or after April 1, 2007 and before February 1, 2010, $840.

3. In the case of services performed on or after February 1, 2010 and before April 1, 2010, $882.

4. In the case of services performed on or after April 1, 2010 and before April 1, 2011, $926.10.

5. In the case of services performed on or after April 1, 2011 and before April 1, 2012, $972.41.

6. In the case of services performed on or after April 1, 2012 and before April 1, 2013, $1,021.03.

7. In the case of services performed on or after April 1, 2013 and before April 1, 2014, $1,072.08.

8. In the case of services performed on or after April 1, 2014 and before April 1, 2015, $1,125.68.

9. In the case of services performed on or after April 1, 2015, $1,181.96.

D.2 Note D.1 also applies with respect to services performed in the following judicial districts, as if they were remote northern areas:

Judicial District of Algoma

Judicial District of Sudbury/Manitoulin

Judicial District of Thunder Bay.

D.3 Notes D and D.1 apply in respect of services performed on or after August 1, 2002. Note D.2 applies in respect of services performed on or after April 1, 2004.

E. In addition to the hourly fees payable under this Schedule, a duty counsel shall be paid an appearance fee of,

(a) $40 per day per court for an appearance in the family court, criminal court or youth justice court;

(b) $40 per day per location for an attendance at a jail, a mental hospital or a legal advice location;

(c) $40 per authorization for providing family violence advice up to a maximum of one authorization per day; and

(d) $40 per authorization for acting as a special duty counsel up to a maximum of one authorization per day.

O. Reg. 107/99, Sched. 4; O. Reg. 228/02, s. 4; O. Reg. 113/03, s. 3; O. Reg. 211/03, s. 2; O. Reg. 180/04, s. 4; O. Reg. 293/07, s. 5; O. Reg. 151/10, s. 5.

SCHEDULE 5
FEES OF ADVICE LAWYERS

Item

Column 1

Column 2

 

Description Service Provided

Rate Per Hour

1.

Interviews and advice to applicants including any necessary correspondence, up to a maximum of three hours

$57

O. Reg. 107/99, Sched. 5.

SCHEDULE 6
DISBURSEMENTS

1. A lawyer who has provided services to an applicant is entitled to be paid the following out-of-pocket disbursements actually and reasonably incurred:

1. Disbursements, not being witness fees, required to be made by or under any statute.

2. Witness fees and travelling expenses of witnesses in accordance with statute, rule or regulation applicable to the proceeding and if no provision is applicable, then in accordance with the Rules of Civil Procedure in civil matters and the Administration of Justice Act in criminal matters.

3. With the prior approval of the president or the legal accounts officer, the services of a person entitled by law or practice to give expert or opinion evidence may be engaged and the reasonable and proper fees paid therefor at the rate specified by the legal accounts officer in the authorization.

4. Fees payable to a court reporter for a transcript of evidence or reasons for judgment for use on an appeal authorized by a certificate.

Note: On May 1, 2014, paragraph 4 is amended by striking out “Fees payable to a court reporter” at the beginning and substituting “Fees payable to an authorized court transcriptionist under Ontario Regulation 94/14 (Fees for Court Transcripts) made under the Administration of Justice Act. (See: O. Reg. 96/14, ss. 2, 3)

5. A lawyer’s travelling expenses where the distance travelled is 50 kilometres or more, one way, from his or her office to the place where his or her duties are performed and where travel time has been approved by the area director or is permitted under Schedule 1, item 13, Schedule 2, item 23 or Schedule 4, item 2.

6. Long distance telephone and telecommunication charges.

7. The actual cost of copies of documents purchased from a court office or from the office of a government or government agency and in any other case, 10 cents for each page.

8. Postage, express or courier charges on the shipment of parcels of documents, transcripts of evidence or exhibits for use on an application or on an appeal and in any other case, courier and express charges to a maximum of $20.

9. With the approval of the president or the legal accounts officer, any other proper disbursement, including any deposit or other payment that may be required, made in furtherance of the proceeding or matter, which approval shall, except in an emergency, be obtained before the disbursement is made.

O. Reg. 107/99, Sched. 6.

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