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Investigations

The Investigations Department’s mandate is to protect Legal Aid Ontario (LAO) from fraud, misappropriation of assets, and the commission of other offences by lawyers and other external service providers, legal aid clients or applicants, and employees.

Here, you’ll find information on the Investigation Department’s policies, procedures, investigative time limits, the possible consequences of defrauding Legal Aid Ontario, and panel lawyers’ professional obligations.

Zero tolerance policy

Legal Aid Ontario exhibits zero tolerance for fraud and the improper use of public funds. All allegations of such involving legal aid panel lawyers and other external service providers, legal aid clients, legal aid applicants, and LAO employees will be investigated in accordance with the Investigations Department policy.

Investigating potential fraud

Any intentional false representation to LAO may constitute fraud. The representation may be in the form of a Legal Aid Online account entry, detailed account, disbursement request, disbursement invoice, discretion letter, request for review, request for authorization, paper or online acknowledgment, online application, Big Case Management guideline submission, opinion letter, panel enrolment form, request for tier level increase, or any other statement or material provided to LAO.

The Investigations Department uses data analytics based on a number of billing “red flags” to identify potential improper billing. The Investigations Department also receives internal and external referrals and confidential information regarding suspected improper billing by lawyers. All of these referrals are investigated by the Investigations Department.

The majority of solicitor investigative matters involve improper Legal Aid Online account entries. All information entered on Legal Aid Online or provided in support of an Online account is a representation to LAO to cause LAO to pay funds. Not all false entries are fraud, but a pattern of false entries may demonstrate fraudulent intent.

Per diem duty counsel billing errors

The Investigations Department runs queries to determine possible billing errors on the duty counsel portal. Lawyers identified by a query will be asked to provide an explanation. Recovery for overlapping (double) billing or other billing errors or infractions is the responsibility of the Investigations Department, and is subject to a 10 per cent administrative fee on the amount of the overpayment.

The Investigations Department also investigates matters of compliance with the policies and procedures contained in the Duty Counsel Handbook.

Billing while suspended by LSUC

The Investigations Department is kept apprised of solicitor suspensions from the Law Society of Upper Canada (LSUC), and runs queries to determine possible billing to LAO during a lawyer’s suspension. Most “billing under suspension” occurs as a result of an administrative suspension. The General Terms and Conditions require that a lawyer be a member in good standing with LSUC to be eligible to practice law in Ontario.

Lawyers identified by a query are must provide the Investigations Department detailed accounts to determine if any services provided on a certificate were performed during the suspension period. In addition, the Investigations Department also conducts independent verification of potential billing while under suspension. Recovery for billing under suspension is the responsibility of the department, and is subject to a 10 per cent administrative fee on the amount of the overpayment.

If it is determined that a lawyer has been practising while under suspension, the Manager of the Investigations Department will also report the matter to the LSUC.

Time limits of investigations

The Investigations Department may investigate an account:

• any time before the sixth anniversary of the end of the year after the final account has been submitted on a certificate;
• or, before the sixth anniversary of the end of the year after a duty counsel account has been submitted. (See section 48(1) Regulation 106/99)

48. (1) The Corporation has discretion to examine an account in detail or to investigate an account:

(a) in the case of an account submitted under section 39, at any time before the sixth anniversary of the end of the year in which the final account in relation to the services provided under the certificate was submitted;

(b) in the case of an account submitted under section 42, at any time before the sixth anniversary of the end of the year in which the account was submitted. O. Reg. 181/04, s. 7.

Consequences

Depending on the nature and seriousness of the breach by the lawyer, as well as the legislative and administrative requirements, upon completion of an investigation, the Investigations Department may recommend the following actions, either individually or in combination:

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