Information for Lawyers

Block fees

Information for Lawyers

Criminal block fees: phase 2 pilot


On this page

Block fees phase 2 pilot:
• Charge categories
• Exclusions
• Fee types
• Certificate amendments
• Disbursements


Panel lawyers

Watch the five online tutorials explaining the block fees phase 2 pilot.


What are block fees?

Find out more about criminal block fees.

Block Fee Phase 2: Summary Sheet


Legal Aid Ontario (LAO) introduced the second phase of the criminal block fee pilot in May 2011.

The second phase of block fees expands on the original pilot, and contains some significant differences from the first phase. Since the initial launch in May 2010, LAO has engaged in consultations with the Criminal Lawyers’ Association (CLA) to make the program more effective for criminal lawyers who do legal aid work.

LAO will continue to work with the CLA and other stakeholders to monitor the impact of block fees and make necessary adjustments.


Phase 2: What’s new?


More charges included

The phase 2 pilot includes a much broader range of criminal charges including all summary conviction charges, super-summary conviction charges, and many indictable charges.


New charge categories and exclusions

LAO has created three new case categories to support the expansion of block fees. The categories will establish the block fee paid for certificates or charges within that category. The categories are:

Summary I:

Includes all provincial and federal non-Criminal Code of Canada offences and all summary conviction and Crown-option offences where the Crown proceeds summarily and the maximum sentence is six months.

Summary II:

Includes all Crown-option offences where the Crown proceeds summarily and the maximum penalty is greater than six months.

Indictable:

Includes several indictable offences and Crown-option offences where the Crown proceeds by way of indictment.

See the full of list of charges under each case category.


Block fee exclusions

New categories of charges or proceedings are now automatically excluded from the block fee pilot. Excluded matters will be paid according to the hourly tariff.

The list of block fee exclusions includes a wide range of complex proceedings and indictable offences. For example, LAO will automatically exclude:

  • all Big Case Management cases
  • homicide
  • attempted murder
  • manslaughter
  • serious sexual assaults
  • serious conspiracy offences
  • offences against children
  • appeals
  • Youth Criminal Justice Act matters
  • Ontario Review Board hearings
  • Dangerous Offender proceedings

All trials and matters set for trial are excluded, and will be paid under the hourly tariff.

The most serious charge on a certificate determines whether the matter will be paid by the hourly tariff or block fees. All charges and proceedings on “excluded” certificates will be paid under the hourly tariff, even if the certificate includes block fee-eligible charges.

Finally, any block fee-eligible certificate that is not resolved will be paid by the hourly tariff.


Phase pilot 2 includes more flexible rates

The fee structure of the original pilot matched the comparatively simple cases that were included in the original pilot.

By comparison, the fee structure of the second phase is much more responsive to variations in client needs, and the complexity and cost of criminal matters. This is due to:

  • the creation of new block fee types, and;
  • the ability to revert to the hourly tariff if a matter is set for trial.

New block fee types

The second phase of the block fee pilot introduces three types of block fees:

Resolution fees:

block fees for guilty pleas, stays/withdrawals

Proceeding fees:

block fees for common or specialized pre-trial proceedings, including bail hearings, Charter motions, judicial pre-trials, and bail reviews

Vulnerable client fees:

block fees to address the needs of our most vulnerable clients, including Aboriginal clients and people with serious mental health issues

More information about these fees is available on the block fee rates page.


Charges heard separately and certificate amendments

LAO will revise its certificate amendment policy to account for block fee cases more effectively. For example, charges heard separately on block fee accounts will now be issued a new certificate.


Disbursements

Only the three most common, low-cost disbursements are included in second phase of the pilot (compared to nine included disbursements in phase 1). All other disbursements will be paid according to LAO’s existing rules.


Phase 2: What hasn’t changed?

There are a number of notable policies and rules that remain in place in the second phase of the criminal block fee pilot:

  • All current and future tariff increases are included
  • Lawyers will be allowed to interim bill on block fee and hourly tariff matters
  • LAO will pay the Guaranteed Daily Rate (GDR) and Northern Compensation on block fee accounts (although this policy is under review)
  • Discretion will not be paid on phase 2 block fees accounts. Discretion remains available for all certificates paid under the hourly tariff, including “excluded” certificates and block fee-eligible certificates where the matter has been set down for trial
  • Phase 2 block fees are not tiered
  • Lawyers are not required to submit dockets with block fee accounts. However, lawyers should maintain dockets in order to support tariff accounts or for audit/investigation purposes
  • The daily billing limit does not apply to block fee accounts (although this policy is under review)
  • The annual billing limit (hard cap) is in effect for block fee accounts