COVID-19: Ongoing list of supports for lawyers

Updated: March 10, 2021

On this page:

As part of the ongoing response to the COVID‑19 pandemic, LAO is working to offer more business support and information to service providers.

Please bookmark this page and check back often to see what additional supports have been created to help you.

Billings and payments

• When submitted late as a result of the COVID‑19 pandemic, billing deadlines are extended for accounts due after March 16, 2020. You must make your request for an extension when you submit your account online.

• We are temporarily changing how block-eligible certificates are billed, allowing you to bill a certificate as a block fee, or by the hourly tariff. The choice will be available on any certificate that has not been final billed.

• Discretion: We’re expanding criteria for exceptional circumstances
  For cases where additional work was required as a result of the COVID‑19 pandemic. Where you have done additional work for a case, please explain in detail how it relates to the COVID‑19 pandemic.

• Teleconference and video appearances: We’re treating teleconference and video appearances as physical appearances where the courts and tribunals have implemented alternatives to personal appearances. Please ensure to clearly docket these virtual attendances indicating the court and the judicial officer at the attendance.

  The remaining rules governing court attendances and those at tribunals have not changed at the time of this notice.

• Reducing payment time from 28 to 14 days for submitted accounts, effective March 27.

• Temporarily suspending collection on recoveries identified in audits and investigations.

  (Collection on recoveries resumes November 23, 2020).

Bail

Recent

• Increased compensation for bail hearings for block fee and tariff matters in recognition of longer bail hearings

Ongoing

• Reinstituting the bail block authorization to be added to certificates.
• Waiving merit testing for bail review.
• LAO is covering Myers bail reviews as emergency bail responses during the COVID‑19 pandemic. Learn how to apply.
• LAO is providing an additional two hours of legal aid coverage for mandatory JPTs in both the Ontario Superior Court and the Court of Justice. Learn how to apply.

Legal and financial eligibility testing

Recent

Legal aid applicants, new and existing, must once again sign a section 47 direction regardless of a COVID accommodation. If an applicant did not complete a section 47 direction during the COVID pandemic, LAO continues to secure its interest through the statutory charge on settlements and judgements. Statutory regulations allow LAO to waive recovery, while counsel or clients may request waivers in writing from our Lawyer Services and Payments department.

Ongoing

Effective March 16, 2020, LAO is waiving legal and financial eligibility testing for the following:

• Criminal defence certificates for in‑custody accused (excluding homicide)
• Summary legal advice
• Child, Youth, and Family Services Act (CYFSA) matters
• Psychiatric patients seeking assistance for CCB and ORB matters
• Victims of domestic abuse who are seeking family court assistance including initial and motion to change proceedings

Important notice: Although financial eligibility requirements are temporarily waived for some of our services during the COVID‑19 crisis, LAO will still ask clients to provide information about financial circumstances (e.g., earnings and assets) in order to complete a legal aid application. This financial information will help us to assess and monitor recent service changes; it will not affect the application

Government of Canada and Government of Ontario temporary benefits

If you or your business has been affected by COVID‑19, eligible panel lawyers may be able to receive temporary benefits from the Government of Canada and the Government of Ontario through one or more of their programs. These programs are designed to support individuals and businesses specifically during the COVID‑19 crisis. Eligibility information is available through the website for each program.

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Additional supports

RECENT

• Seven-hour certificate for applications to the Immigration, Refugee and Citizenship Canada’s new permanent resident program for health care workers

• New Immigration Detention Representation Program that provides legal representation to all unrepresented immigration detainees in their detention review hearing

• Additional hours to prepare and file new basis of claim forms (until March 31, 2021)

• Additional hours for representation before the RPD for hearings scheduled to take place between July 20, 2020 and March 31, 2021.

• Changes to our panel standards for the 2020 reporting year (Jan. 1, 2020 to Dec. 31 2020) for lawyers most affected by the pandemic.

• Increased tariff hours to prepare for subsequent detention review hearings, as of Jan. 1 2021

• On Mondays, LAO counsel will act as agents for private bar lawyers with matters in the Superior Court of Justice’s 361 University Avenue practice court in Toronto, and can assist self-represented accused persons

Ongoing

• Providing live duty counsel legal advice for in‑custody clients with upcoming court appearances and without legal representation for criminal matters, starting April 14, 2020. In‑custody clients calling the dedicated in custody line will be connected directly with a local duty counsel.

• A three-hour authorization is available to respond to June 2020 RAD requests for specific or updated submissions. Request yours on Legal Aid Online.

• Lawyers across Ontario may, temporarily, apply for legal aid on behalf of clients that are in custody, when clients cannot. This practice, already in effect at the Toronto South Detention Centre, is being expanded across the province during COVID‑19 related disruptions. Apply with this simplified lawyer inmate request form.

• Lawyers may apply for legal aid coverage on behalf of in‑custody clients requesting temporary absence permits and other release remedies available at the federal and provincial levels. A new application form is available on our website.

• LAO LAW has created a COVID‑19 page, which contains relevant case law and legal information. Panel and staff lawyers can log in at research.legalaid.on.ca.

• Panel and staff lawyers can subscribe to the Bottom Line newsletters by calling 416‑979‑1321, or by logging in to research.legalaid.on.ca and clicking on the Bottom Line link. Current issues are posted on the website and past issues are archived and searchable.

• Encouraging lawyers and service providers to refrain from mailing original documents unless absolutely necessary, and instead do this electronically through Legal Aid Online. Exceptions may include cheques and other documentation.

For information on how LAO is helping our clients to access services during the COVID‑19 crisis, visit the update on our client services web page. This page is also being updated regularly.