Complex Case Rate

Legal Aid Ontario (LAO) has established a Complex Case Rate (CCR) policy in consultation with the Criminal Lawyers’ Association (CLA).

The CCR policy offers qualified criminal panel lawyers an enhanced rate of compensation for work on complex criminal cases, helping to retain high-quality representation for clients and improving access to justice.

The CCR is part of the January 2010 Memorandum of Understanding between LAO, the CLA and the Ministry of the Attorney General.

The policy was developed during a series of consultations with the CLA. Through this collaboration, LAO was able to develop an innovative policy that benefits lawyers and clients, and supports justice system efficiencies.

The CCR policy is effective April 1, 2011 and applies to certificates issued as of February 1, 2010.

For a case to receive CCR funding, the following three‑part test must be satisfied:

• the lawyer must be a member of the CCR panel
• the case must have been accepted into Big Case Management (BCM) with a properly submitted Opinion Form (Hearing or Trial) and have an approved budget
• the case must meet the CCR Case Eligibility Criteria

Complex Case Rate panel

Application process

Membership on the Extremely Serious Matters (ESM) panel and the general criminal panels are prerequisites for eligibility to the Complex Case Rate panel.

Applicants will be assessed on the totality of the information provided and gathered by LAO, with particular attention to the Criteria for Evaluating Candidates:

• professional experience
• civility/reputation/ethics
• relationship with LAO

Applicants must:

• complete the Complex Case Rate Panel Application
• execute the Release of Information form for Law Society of Upper Canada and/or other law societies and the Release of Information form for Lawyers’ Professional Indemnity Company (LawPRO) in favour of Legal Aid Ontario
• provide three references

Note that only completed applications will be considered. The CCR panel applications and other materials should be faxed to Legal Aid Ontario at 416‑204‑4710.

Eligible lawyers will receive written confirmation. An eligible lawyer will remain a member of the CCR panel for a four-year term at which time he/she must apply for renewal.

An ineligible lawyer will receive written reasons for the refusal and be advised of the request for review.

Membership on the CCR panel does not entitle a lawyer to CCR funding on regular criminal certificates or other BCM cases.

Complex Case Rate case eligibility

Which cases are eligible?

For a case to be considered eligible for the CCR funding:

• a lawyer must be on the CCR panel
• the case must have been accepted into Big Case Management with a properly submitted Opinion Form (Hearing or Trial)
• the case must have an approved budget

How to apply for the CCR rate:

• CCR panel members must have completed the Complex Case Rate Case Eligibility Application. Only completed applications will be considered
• The CCR case eligibility material should be faxed to Legal Aid Ontario at 416‑204‑4710.
• If the case is first or second degree murder it is deemed eligible, and the CCR panel member is not required to fill out the CCR case eligibility Form.

The case will be assessed on the Case Eligibility Criteria.

For more information, contact BCM coordinator at 416‑979‑2352, ext. 6459.

CCR Rate Schedule

Resources

• CCR forms
• Complex Case Rate Policy