The Certificate

• Reduction of fees otherwise payable

Remuneration

• Hourly rates
• Daily Billing Limit
• Annual Billing Limit

Account Payment Timelines
General Rules and Practices

• Acknowledgement of the certificate
• Direct Deposit
• Who can bill?
• Payment of agents’ accounts
• Receiving money from a client
• Client liens and contribution agreements
• Harmonized sales Tax (HST)
• Calculating net fees and HST on fees
• HST on disbursements
• Restrictions on billing
• Interest on accounts
• Which tariff applies?

Billing Procedures

• Supporting documentation/detailed accounts
• Supporting documentation/disbursements

Billing Deadlines
Billing Interim, Final or Supplementary Accounts

• Interim accounts
• Final accounts
• Supplementary accounts
• Reporting to your client
• Billing co-accused

Discretionary Increases

• Request for discretion
• Reasons for discretion

Questioning the Settlement of an Account

• Retroactive request for discretionary increase
• Review of final settlement
• Paper account forms

Block Fees - Phase 1 (May 1, 2010 - May 29, 2011)

• What is a block fee?
• Charge(s) covered under a block fee
• Phase 1 eligbile charges
• Coverage under the block fee certificate
• Disbursements
• Billing block fee accounts
• Block Fee Rates

Block Fees - Transitional Rules (from Phase 1 to Phase 2)

• Transitional Certificates
• Disbursements

Block Fees - Phase 2

• Summary I (list of charges)
• Summary II (list of charges)
• Indictable charges (list of chrages)
• Excluded charges (list of charges)
• Obtaining authorization for the ancillary proceeding and vulnerable client blocks
• Disbursements
• Amendments
• Billing
• Block fee rates

Tariff Maximums

• Determining the tariff maximum
• Table A: Summary conviction offences or Crown election offences where the matter proceeds summarily (except sexual assault)
• Table B: Indictable Type I offences, Crown election offences where the matter proceeds by indictment, and all charges of sexual assault regardless of Crown election
• Table C: Indictable Type II
• Table D: Provincial offences and federal summary conviction
• Table E: Summary conviction appeals (in the Superior Court of Justice)
• Table F: Appeals to the Ontario Court of Appeal
• Table G: Appeals to the Supreme Court of Canada
• Table H: Maximum Hours Table – Other Matters

Additional Information

• Adjournments
• Appeals
• Bail Hearings
• Bail reviews and youth bail de novo applications
• Charter applications
• Co-accused
• Co-counsel
• Contempt of court
• Correspondence
• Court day
• Dangerous and long-term offender applications
• Discretionary Increased
• DNA genetic databank applications
• Extradition
• Fifteen-year reviews of parole eligibility
• Fitness hearings
• Immigration/Deportation
• Incomplete matter
• Judicial pre-trials
• Junior counsel
• Legal advice in domestic criminal matters
• Motions
• Multiple Charges
• Ontario Review Board hearings
• Opinion certificates
• Parole hearings and penitentiary discipline hearings
• Plea to lesser included offence
• Pre-trials
• Waiting time
• Withdrawal without Crown election

Big Case Management

List of Offences

Tariff Maximums

General Notes

• Adjournments
• Correspondence
• Junior counsel
• Nature of Court Attendances
• Waiting time

Family Law Tariff

• Subsequent pretrial conferences, settlement conferences, case conferences
• Table A: Family Law
  
  • Uncontested divorce
  • Contested divorce
• Child Protection Tariff (CFSA)
• Table B: Child Protection
• Table C: Civil Litigation
• Table D: Trials, References and Hearings
• Table E: Appeals
• Table F: Immigration and Refugee Law
• Table G: Administrative Boards of Tribunals
• Table H: Other Civil Matters
• Group and Test Case Certificates

General

• Hourly rates
• Special northern travel incentives
• Criminal matters
• Civil matters (including Family and CFSA)

Travel disbursements

• Accommodation
• Meals
• Mileage
• Other modes of transportation
• Parking
• Toll roads - Highway 407

Travel for Others

• Experts
• Investigators
• Witness

Introduction

Costs

• General principals
• Costs against institutional parties
• Costs and Family Responsibility Office (FRO)
• Assessment of costs
• Costs and support orders
• Costs recovered
• Steps to take after costs awarded
• Writs of Execution or Notices of Garnishment
• Waiver of costs
• Costs for services performed while the client was not legally aided
• Costs awarded against a legally aided client

Settlement and Judgments

• General principles
• Amounts recovered
• Settlement/judgment amounts uncollected
• Settlement/judgment before administrative tribunals
• Waiver of LAO’s charge against money or other property

Contribution agreements

• General principles
• Estimated amounts
• Fixed amounts
• Monthly contribution agreement
• Legal aid liens and other forms of security
• Estimated total fees
• Change in client’s financial circumstances

Negotiating a Settlement

• Waiver of costs to facilitate settlement
• Waiver of LAO’s charge on recovery to facilitate settlement
• Settlements involving the transfer or sale of property with a lien