About Legal Aid Ontario

Fact Sheets

About Legal Aid Ontario

Complaints


Anyone who is unhappy with the service received from Legal Aid Ontario (LAO), a community legal clinic or a lawyer providing legal aid services can make a formal complaint. People who can file a complaint include:

  • current and former clients
  • individuals who have been refused a service from LAO
  • anyone who is affected by LAO services

More information on the complaints process can be found on the making a complaint page:
www.legalaid.on.ca/en/getting/complaints.asp


The complaint process

  • The first step is for the person making the complaint (known as the “complainant”) to fill out a complaints form (available on Legal Aid Ontario’s website), or call, fax or email the

    Complaints Department
    Legal Aid Ontario
    40 Dundas St. West - Suite 200
    Toronto, Ontario, M5G 2H1
    Phone: (416) 204-7104
    Toll Free: 1-866-874-9786
    Fax: (416) 204-4718
    E-mail: complaints@lao.on.ca

    Help with the complaints form is available through Legal Aid Ontario’s toll-free number: 1-800-668-8258

  • LAO works with the complainant to resolve the issue at the district office, or provincial department level
  • If the person is unsatisfied with this outcome, the issue goes to the Complaints Department
  • If the person is not satisfied with that result, the next step is to take the issue to the General Counsel office

Resolution process for complaints about district offices and provincial office departments


There are several stages to the Legal Aid Ontario’s complaints process, depending on how quickly the issue is resolved. The complaint resolution process is ordinarily completed within two weeks. For complex or difficult issues, it may take up to 30 days to resolve the issue.

The stages for the complaint process are outlined below:

  1. The first step is to attempt to resolve the complaint at the local district office or the provincial office department in Toronto. Complaints about a provincial office department include all departments and services such as the toll-free number.
    1. However, if the complainant is unhappy with the person in charge of the district office or provincial department, the concern is referred directly to the Complaints Department.
  2. When a complaint is received by LAO, an acknowledgement letter is sent to the complainant to let them know that the matter is being looked into. Records are kept of all complaints and their outcomes.
  3. LAO will work to resolve the issue at the district office or provincial department, however, if the issue cannot be resolved initially, it is escalated to the Complaints Department in Toronto.
  4. The Complaints Department is the second stage of the complaints process. The department will review the original complaint, and look at the steps taken by the district area director or department manager. At this stage, additional information may be required from the complainant or other parties involved.
    1. An acknowledgement letter will be sent by the Complaints Department to the complainant within five days of the receipt of the complaint. If the matter has not been resolved within thirty days, the complainant will receive a status letter.
  5. The final stage of the complaints process involves General Counsel. If the complainant is unhappy with the conclusion of the Complaints Department, the issue can be taken to General Counsel. General Counsel is the most senior lawyer at Legal Aid Ontario. General Counsel reviews the first and second stage resolutions and collects additional information, if required. A written decision is provided to the complainant once the review has been completed. The decision of General Counsel is final, and no appeal or further review are available.

Resolution process for community legal clinics


  1. The executive director of the clinic and clinic staff will make the first attempt to resolve the issue with the complainant.
  2. If the issue cannot be resolved at this level, or the complaint is about the clinic’s executive director, the clinic’s board of directors will investigate the complaint, and meet with the complainant to discuss a resolution.
    1. For difficult issues, the clinic board may set up a complaints committee to handle the concern. After the committee makes a decision, the board provides a written explanation of their decision to the complainant.
  3. If the complainant is still not satisfied, they can send their concerns to the Complaints Department for resolution. This follows the same process as above.
  4. If complainant is still unhappy after the Complaints Department makes a decision, the issue can then be taken to the General Counsel Office. As with complaints about other legal aid services, General Counsel reviews the available information, and collects additional facts, if needed. Once General Counsel has made a decision, it is final, and there are no further appeals available.

2009-2010 Complaints Department annual report highlights:


  • In 2009-2010, a total of 353 complaints were received.
  • At the local level (stage one), 337 formal complaints were recorded.
    • The majority of these complaints pertain to services provided by lawyers acting on legal aid certificates (173 complaints in 2009-2010).
    • There were 13 substantiated complaints regarding LAO staff.
    • Two-thirds of the complaints regarding LAO policy were resolved by providing general policy information
  • At the Complaints Department (stage two) level, 12 formal complaints were received, as well as three formal complaints was from community legal clinic clients.
  • At the General Counsel (stage three) level, four formal complaints were received, as well as one from a community legal clinic client.

Ombudsman Ontario


The Ontario Ombudsman received complaints about Legal Aid Ontario regarding certificate refusals, appeals, liens, refunds, the status of matters and general information. In 2009-2010, 60.4 per cent of complaints were resolved within one week, and 86.6 per cent were resolved within a month.


Abuse of the legal aid system


Complaints about clients abusing the legal aid system account for less than one per cent of substantiated complaints received by LAO. Legal Aid Ontario records and investigates all of these complaints, which usually allege that the applicant does not financially qualify for legal aid assistance.

In 2009-2010, LAO received 223 complaints about people abusing the system. One-third of these complaints resulted in the cancellation of a certificate.


Questions?


For more information on this topic contact media@lao.on.ca