Complex Case Rate

Eligibility criteria

A criminal lawyer with a proven track record of delivering high-quality representation may be approved for the CCR.

To apply to be pre-approved as CCR-eligible, lawyers must be authorized under LAO’s Rules to provide certificate services in both general criminal law and extremely serious matters.

In addition, CCR eligibility will be determined on the basis of several criteria, including:

• Skills and experience
• Track record of success and results achieved (including precedent-setting cases)
• Professional judgement, effectiveness and efficiency
• Professional reputation, credibility and civility
• Compliance with LAO Rules, policies and procedures and responsiveness to LAO inquiries
• Willingness to participate in mentoring programs for younger criminal lawyers

Skills and experience

An applicant lawyer should have the following minimum experience to be considered for the CCR program:

• Conducted, as lead counsel,

  • two or more murder preliminary inquiries, and
  • two or more murder trials, or

• Conducted, as lead counsel, two or more murder appeals, or

• Actively participated as junior counsel or co-counsel on four or more murder trials, i.e. presented argument on major motions, examined witnesses critical to the Crown’s case, etc.

If the applicant lawyer does not have the above experience, LAO may still consider their application in exceptional circumstances, paying particular attention to the applicant lawyer’s jury trial experience, contested Superior Court trial experience, fulfilment of other criteria for CCR eligibility, and any other qualifications that the applicant lawyer has brought to the attention of LAO.

Professional judgement, effectiveness and efficiency

Applicant lawyers should have a demonstrated track record of:

• Achieving successful results advancing their clients’ interests on complex, criminal cases, including but not limited to the ultimate outcome;
• Focusing on the important issues in the case;
• Establishing a credible theory of the case;
• Making responsible admissions when issues cannot reasonably be disputed;
• Declining to pursue issues or proceedings that have no real prospect of success or that fail to advance the client’s defence;
• Examining and cross‐examining experts and witnesses effectively and efficiently;
• Effective client management;
• Demonstrating the effective and efficient use of public funds consistent with their obligations to the client and to the administration of justice; and
• Demonstrating the highest ethical standards and professionalism.

LAO will interpret these requirements in a manner consistent with counsel’s duty to advance their client’s interests, counsel’s duties as an officer of the court, counsel’s independence from the client, counsel’s duty of loyalty to the client, and the Law Society of Ontario’s Rules of Professional Conduct.

Application process

To apply for pre-approval for the CCR, a lawyer must complete and apply in the form and manner specified by the Corporation. An applicant lawyer may be asked to provide additional information or references.

Applicant lawyers may also voluntarily submit reference letters in support of their applications, including from senior defence counsel, judges or Crowns. References must have direct and extensive knowledge of the applicant lawyer’s work as a criminal defence counsel. The following persons are not eligible to act as a reference:

• A person whose license is in abeyance under subsection 31(1) of the Law Society Act;
• A partner, associate, co‐worker, employer or employee of the applicant;
• A relative of the applicant;
• A member of LAO’s Board;
• An employee of LAO; or
• A member of the Exceptions Committee.

All information relating to an application, including reference letters, files, reports, findings and recommendations is confidential and will not be disclosed to anyone, including the applicant. Information will only be shared as necessary with appropriate LAO staff and designated members of the Exceptions Committee.

Decision-making

LAO recognizes that there is no one single measure or indicator that identifies the highest‐quality criminal lawyers. LAO will consider the totality of the criteria set out in this Policy in assessing a lawyer’s application to be CCR-eligible. In addition, LAO will not assess applications in isolation. LAO may seek the advice of members of the Exceptions Committee in evaluating applications and may make discrete and confidential inquiries within the justice system to assess the quality of the lawyer’s outcomes and their judgement, professionalism, ethical standards and civility.

When considering applications, LAO will also consider regional differences and account for variations in criminal practice.

The decision to approve an applicant lawyer as eligible to apply for the CCR is at the absolute discretion of LAO. LAO may rescind such approval at any time if the lawyer fails to comply with this Policy or any other applicable LAO policy or Rules.

A determination that an applicant lawyer does not meet the qualifications and requirements to receive the CCR is final and not reviewable.

Ongoing requirements

Lawyers who are approved as eligible to receive the CCR must comply with all applicable LAO Rules, policies and procedures, including those related to the CCR, big case management (BCM), tariffs and billing.

CCR-eligible lawyers are also expected to serve as mentors to junior lawyers in criminal practice in order to enhance the quality of junior lawyers’ work and promote their professional development.

Eligibility cases

For a case to be approved for the CCR, it must be accepted into the BCM program.

Certificates for the following charges are automatically approved for the CCR, provided that counsel is CCR-eligible and a BCM budget has been set:

• First degree murder
• Second degree murder
• Appeals of murder charges

For other matters, LAO will assess CCR case eligibility based on the following factors:

• Duration of proceedings
• Length and nature of police investigation
• Complexity of the Crown’s case
• Personal characteristics of the client
• Severity of the offence and consequences to the accused
• Novel, unusual or otherwise challenging legal, factual or public interest issues
• Other relevant factors that would warrant payment of an enhanced rate

Case applications

To apply for the CCR, a lawyer who has been pre-approved as eligible must complete LAO’s CCR case application form.

Lawyers may apply for the CCR for any proceeding where a BCM budget has been set, including criminal appeals. The CCR is automatically applied to murder cases that have been accepted into the BCM program, and it is not necessary to make a further application.

If LAO has denied an initial application for the CCR, counsel may reapply. LAO will consider new applications for a case that was already denied if there has been a change in circumstances that is likely to make the case eligible for the CCR.

Decision‐making

LAO will assess applications for the CCR on a case-by-case basis. The Corporation’s decisions regarding case eligibility for the CCR are final and non-reviewable.