Guide to completing Criminal Certificate Account Form (Form 50)

The following is only a guide. For complete information and instructions on billing and the legal aid tariff, please refer to the Tariff and Billing Handbook.

Most of the sections in the new Form 50 have not changed. The major change in the new Form 50 is found in Section 7 – Authorized Criminal Proceedings and Outcome. The information in this section will allow Legal Aid Ontario to determine the tariff maximum and process your account based on a summary of your services rather than a line by line examination of the account details. Your account details will be kept on file.

Completing Section 7

Before submitting your account, ensure that you have obtained the area director’s authorization for all of the charges and/or proceedings (e.g.: bail review, bail de novo, appeal, prerogative remedy) for which you are billing.

If you are at risk of missing the billing deadline, submit your account rather than wait for the area director’s authorization.

A “proceeding” is a trial, preliminary hearing, guilty plea, sentencing or withdrawal relating to a single charge or multiple charges.

Charge/Authorization:

• If a number of charges are disposed of in the same court on the same date, the hourly maximum is for one offence only.
• If the charges that have been disposed of have different tariff maximums, the highest tariff maximum applies.
• If the charges have been disposed of in the same court on the same date, Legal Aid Ontario needs to know only what happened to the charge that generates the highest tariff maximum.

In this column, indicate only the charge in each proceeding that generates the highest tariff maximum. If the certificate contains authorizations that are not charge specific (e.g.: bail review, appeal, prerogative remedy) simply describe the authorization.

Type of Offence:

Indicate whether the charge was summary or indictable.

• If multiple charges have been disposed of in the same court on the same day, for the charge that generates the highest tariff maximum, indicate whether it was summary or indictable.
• In the case of Crown Election Offences indicate how the Crown elected.

Remember that for the purposes of the legal aid tariff, if a Crown Election Offence has been disposed of without an election, the charge is deemed to be summary.

Plea/Outcome:

Indicate whether there was a guilty plea without a contested trial, a contested trial, a withdrawal or no plea.

• If the charges were stayed, indicate “withdrawal” unless the stay resulted from a contested trial. If the stay resulted from a contested trial, indicate “contested trial”.
• If multiple charges have been disposed of in the same court on the same day, for the charge the generates the highest tariff maximum, indicate whether there was a guilty plea without a contested trial, a contested trial, a withdrawal or no plea.
• For the purpose of the legal aid tariff if there is “No Plea” you are normally allowed a fee up to the tariff maximum for a guilty plea for the charge.

# of Days of Proceedings:

Indicate the number of full days or half days in court for preliminary hearing, trial, guilty plea, sentencing or withdrawal.

• If multiple charges have been disposed of in the same court on the same day, for the charge the generates the highest tariff maximum, indicate the number of full days or half days in court for preliminary hearing, trial, guilty plea, sentencing, withdrawal.
• If the certificate authorizes an appeal, prerogative remedy or other proceeding, indicate the number of full days or half days in court for the hearing of the appeal or application.

In order to be considered a court day, evidence must be led or substantive submissions made. A court day does not include an attendance for an adjournment or set date.

# of Hours in Court:

Indicate the total number of hours of the actual time in court for preliminary hearing, trial, guilty plea, sentencing or withdrawal.

• If multiple charges have been disposed of in the same court on the same day, for the charge the generates the highest tariff maximum, indicate the total number of hours of the actual time in court for preliminary hearing, trial, guilty plea, sentencing or withdrawal.
• If the certificate authorizes an appeal, prerogative remedy or other proceeding, indicate the total number of hours of the actual time in court for the hearing of the appeal or application.
• For summary conviction and Indictable Type I charges, preparation time and all court attendances are included in the maximum. The maximum is a “capped hourly limit” which includes all services billable under the certificate.
• For Indictable Type II charges and for appeals and prerogative remedies, actual time in court for preliminary inquiry and trial is paid in addition to the preparation maximums.

No. of Bail Hearings/Pretrials with a Judge/Charter Motions/DNA Applications:

For each proceeding you are entitled to 2 hours each for a bail hearing, pretrial with a judge, charter motion and DNA application. Indicate the number of bail hearings, pretrials with a judge, charter motions and DNA applications.

Were The Charge Heard Separately?

If the certificate authorizes one charge indicate “No”. If the certificate authorizes multiple charges and the charges were not disposed in the same court on the same date, indicate “Yes”.