Skip to content Leave Site Now

COVID-19 updates
We’ve temporarily changed some of our services.

Legal Aid Ontario is moving!
Starting April 2023, Legal Aid Ontario’s Provincial Office, Toronto Family Law Services Office, Criminal Senior Counsel Services Office, and Refugee Law Office will be located on the seventh floor of the Atrium on Bay.

Legal Aid Ontario
Atrium on Bay
20 Dundas St. West
Suite 730

X
Legal Aid Ontario
  • Services
    • Temporary service changes due to COVID-19
    • COVID-19 and the courts: Answers to frequently asked questions
    • Our services
    • Criminal legal issues
    • Domestic Violence
    • Family legal issues
    • Mental health legal issues
    • Refugee and immigration legal issues
    • Legal clinics
    • How to apply
    • Find a lawyer
      • Finding the right legal aid lawyer
    • What do you think about our services?
  • For legal professionals
    • COVID-19: Ongoing list of supports for lawyers
    • LASA 2020 process updates for lawyers
    • Changes to policies and certificate coverage
    • Roster resources
      • Audit & Compliance
      • Billing
      • Case management
      • Forms library
      • Legal Aid Services Act, 2020 policies
      • Legal Aid Online
      • LAO LAW
      • Minimum experience requirements
      • More resources
    • Do legal aid work
    • Mentoring
    • Test case funding
    • News for lawyers
    • B3 Newsletters
    • Contacts for lawyers
  • Corporate
    • About
      • By-laws
      • Our clients
      • Board of Directors
      • Executive Team
      • Board Advisory Committees
      • Sidney B. Linden Award
      • French Language Services
    • Legal Aid Services Act, 2020
      • LASA 2020 Rules and Policies
      • LASA 2020 glossary
    • Consultations
    • LAO Consultation Registry
    • Open Government
    • Reports
    • Publications
    • News
    • Social media
    • Careers
    • Contact Us
  • FAQ
Français LAO Client Portal
Français LAO Client Portal
  • Services
    • Temporary service changes due to COVID-19
    • COVID-19 and the courts: Answers to frequently asked questions
    • Our services
    • Criminal legal issues
    • Domestic Violence
    • Family legal issues
    • Mental health legal issues
    • Refugee and immigration legal issues
    • Legal clinics
    • How to apply
    • Find a lawyer
      • Finding the right legal aid lawyer
    • What do you think about our services?
  • For legal professionals
    • COVID-19: Ongoing list of supports for lawyers
    • LASA 2020 process updates for lawyers
    • Changes to policies and certificate coverage
    • Roster resources
      • Audit & Compliance
      • Billing
      • Case management
      • Forms library
      • Legal Aid Services Act, 2020 policies
      • Legal Aid Online
      • LAO LAW
      • Minimum experience requirements
      • More resources
    • Do legal aid work
    • Mentoring
    • Test case funding
    • News for lawyers
    • B3 Newsletters
    • Contacts for lawyers
  • Corporate
    • About
      • By-laws
      • Our clients
      • Board of Directors
      • Executive Team
      • Board Advisory Committees
      • Sidney B. Linden Award
      • French Language Services
    • Legal Aid Services Act, 2020
      • LASA 2020 Rules and Policies
      • LASA 2020 glossary
    • Consultations
    • LAO Consultation Registry
    • Open Government
    • Reports
    • Publications
    • News
    • Social media
    • Careers
    • Contact Us
  • FAQ

Discretion

LAO may increase the payment of an account that has exceeded the tariff maximum for the certificate if the bar can demonstrate exceptional circumstances for a case. This increase in the payment of an account is known as a discretionary increase.

You should make discretionary increase requests to LAO’s Lawyer Services and Payments department. Please request discretionary increases as you require them, not in advance, and for only one account at a time.

In addition, before you bill LAO, please make sure you have gotten all available authorizations on your certificate. You may only bill for the total hours allotted to the certificate—not more. If your account exceeds the amount of time authorized under the certificate and you have not requested a discretionary increase, LAO will settle your account in accordance with the tariff maximum for your certificate.

Reasons for discretionary increase

LAO will grant discretionary increase requests only in exceptional circumstances. The factors that comprise exceptional circumstances include:

  • the result obtained
  • the complexity of the matter
  • the contributions of the client or other contributors
  • preparation time done in anticipation of a lengthy trial or hearing which did not proceed, through no fault of the lawyer
  • any other relevant factor which would warrant an increased fee

Please go to our discretion FAQ for more information.

How to request a discretionary increase

To request a discretionary increase, please fill out LAO’s discretion request form and attach it to the specific account for which you are seeking a discretionary increase. Please include a detailed justification for your request. A persuasive request usually includes:

  • a brief narrative of the nature of the case
  • the issues involved
  • any special difficulties or complications
  • the progress of the case resulting from the work billed
  • the purpose and outcome of any court attendances

It is also advisable to attach, to your discretionary increase request, dockets that provide additional details about the services you rendered. For example, if you spent several hours in preparation, your docket can provide the specific details of what you did, such as review disclosure, interview witnesses, or prepare a trial brief.

Retroactive request for discretionary increase

You can retroactively request a discretionary increase on an account within 60 days that LAO pays that account by completing and submitting LAO’s discretion request form and indicating the account number to which the request applies.

If you requested a discretionary increase and did not receive it

You can submit a request for review of the settlement within 60 days of LAO paying your account. Your request must include information or additional details that you did not provide when you first applied for a discretionary increase and that might have resulted in approval then.

Other civil certificates

LAO has not implemented new discretion criteria for civil certificate matters. The old criteria and the exceptional circumstances contained in the regulation continue to apply.

  • This form is feedback only.

Related Pages

Discretion guidelines

Go back to top

Site footer

Sign-up for email alerts about upcoming consultations.

Need legal help?

Call us toll free at 1‑800‑668‑8258 Monday to Friday from 8 a.m. to 5 p.m. (EST) for help in over 300 languages.

Current wait time: The CLSC is currently closed.

Wait times: Monday is our busiest day. For faster service, try calling Tuesday through Friday, 8 a.m. to 5 p.m.

Legal Aid Ontario is a safe and respectful space for our clients and employees. Verbal or threats of physical abuse will not be tolerated. Abusive behaviour may result in refusal of service.

Links

  • Freedom of information requests
    • Privacy policy
  • Accessibility policy
  • What do you think about our services?
    • Contact us
  • Sitemap

Legal Aid Ontario on social media

  • Social
    • Facebook
    • Intagram
    • LinkedIn
    • Twitter
    • YouTube
Legal Aid Ontario

Legal Aid Ontario land acknowledgement

Land acknowledgement: Legal Aid Ontario recognizes that its work, and the work of its community partners take place on traditional Indigenous territories across the province.

Legal Aid Ontario copyright information

Legal Aid Ontario © 2023