Information for the judiciary 

Ways for individuals to apply for a legal aid certificate

• Call LAO’s Contact Centre at 1-800-668-8258 between Monday and Friday, 8 a.m. to 5 p.m. (ET). Wait times are typically under two minutes.
• Apply online anytime at client.legalaidonline.on.ca.
• Get help from a lawyer or approved third party agency with an assisted application.
• Speak to LAO staff at the courthouse for application assistance (for vulnerable clients).

Application timelines

Applications usually take 20 to 30 minutes to complete. For certain eligible individuals, online applications may be approved automatically. Approximately 75 per cent of certificates are processed on the day of application. If additional information is required from a prospective client, it can take longer for a decision to be made.

Lawyer assisted applications

LAO lawyer assisted applications allow lawyers to submit certificate applications on behalf of clients for criminal, child protection, family (where the applicant is experiencing domestic violence), and immigration and refugee proceedings. These applications support clients who have low literacy, lack internet access, or have urgent needs.

Lawyer assisted application forms are available on LAO’s website.

Third party assisted applications

The third party assisted application process allows approved partnering agencies to initiate applications for legal aid certificates on behalf of individuals who may require assistance.

Partnering agencies use application forms that are separate from LAO’s lawyer assisted application forms. These application forms are routed to a centralized mailbox for review and are subject to LAO’s eligibility requirements.

For more information or questions about the third party assisted application process, please contact the director general for your area via rsdbusinessteam@lao.on.ca.

Assistance from courthouse staff for certificate applications

Generally, certificate applications are taken by phone, online, or with the assistance of counsel or an approved third-party agency. However, duty counsel and legal aid workers at courthouses may assist vulnerable clients with the application process as needed.

Finding a lawyer who accepts legal aid work

Individuals can use LAO’s Find a Lawyer tool to locate a lawyer who does legal aid work. They can search by geographic area or by area of law. They can also filter lawyers by language spoken.

LAO offers instructions to help individuals with finding the right legal aid lawyer.

Individuals who do not qualify for legal aid

If an individual was found ineligible for legal aid, they can:

• Ask for a review of the decision that was made refusing their application.
  • Applicants out of custody must submit the review request within 22 business days from the date on the decision notice (15 business days plus an additional 7 days for delivery of documents).
  • Those in jail or in a hospital must send a request within 52 days from the date of their notice of refusal (45 business days plus an additional 7 days for delivery of documents).
• Ask the lawyer they would like to represent them to submit a Rowbotham application to request government funding to pay for a lawyer.

LAO can still provide general information and referrals to those who do not qualify for legal aid.

More information:

• Other ways we can help
• Review of eligibility decisions for certificate services

Applying for a COL

A client can apply for a COL on their existing legal aid certificate by calling 1-800-668-8258. An LAO representative will gather their information about why they are requesting a COL. LAO staff will review the request and make a decision based on the factors below.

Factors considered for a COL request approval

Factors that are considered when assessing a COL request include, but are not limited to:

• Whether there has been a complete breakdown in the lawyer/client relationship
• A lawyer’s inability to continue to represent the client for ethical reasons or because their circumstances have changed
• A client’s individual circumstances or vulnerabilities
• The complexity of the legal case
• How much work has been completed by the lawyer and billed to LAO
• How many prior COL applications the client has submitted

For more information, please see the COL policy.

COL timelines

LAO may request additional information from either the client or the lawyer as part of COL application process. When this information is provided in a timely manner, it can help shorten the overall processing timelines for a COL.

COL requests will be approved immediately if:

• The lawyer’s practice is closing
• The lawyer is on medical or parental leave
• The lawyer changed careers (e.g., now a judge or Crown)

Additional factors that may influence timelines

• LAO allows counsel time to respond to the COL request and will follow up if a response is not received.
• More complex cases may require additional processing time.
• If there is an upcoming court date, it should be noted so the decision can be expedited.
• A request for review of a COL refusal is also available.

If a COL request is denied

When a change of lawyer request is denied, individuals can:

• Request a review of the refusal decision from LAO’s Eligibility Review Office via mail or through their online account on the Client Portal.
  • Out of custody applicants must submit the review request within 22 business days from the date on the decision notice (15 business days plus an additional 7 days for delivery of documents).
  • Those in jail or in the hospital must send a request within 52 days from the date on their notice (45 business days plus an additional 7 days for delivery of documents).
• Speak with duty counsel about the possibility of being referred to the family or criminal senior counsel program.
• When the options above have been exhausted, submit a Rowbotham application.
• Receive a court‑ordered appointment of counsel.

Legal eligibility criteria for LAO services differ depending on area of law. An overview of the criteria for each area of law is provided via the links below.

Family and child protection law

• Eligibility for family law services
• Eligibility for child protection law services

Criminal and prison law

• Eligibility for criminal law services
• Eligibility for prison law services

Immigration and refugee law

• Eligibility for immigration and refugee law services

Mental health law

• Eligibility for mental health law services

Appellate matters

• Eligibility for appellate matters – prerogative relief applications

For comprehensive information about legal eligibility criteria, please refer to the LASA 2020 Rules and Policies section of LAO’s website.

Criminal duty counsel services

Criminal duty counsel can provide legal advice and services for bail, case management, negotiations and advocacy. This includes:

• Providing representation for bail hearings and consent releases
• Reviewing disclosure (evidence)
• Attending administrative court appearances
• Negotiating releases and resolutions that do not involve trial
• Assisting with self-represented resolution-oriented judicial pre-trials

All duty counsel and legal aid workers can provide general information and referrals to community supports and other legal aid services.

For more information, please see the criminal duty counsel service guide.

Criminal Senior Counsel program

Criminal senior counsel are experienced criminal litigators who serve LAO’s most vulnerable clients, up to and including full trial representation.

Clients do not need to have an existing certificate to be approved for criminal senior counsel representation.

Clients typically receive criminal senior counsel help through a referral from a duty counsel.

Referrals are assessed on a case-by-case basis, subject to program criteria and capacity.

Clients may also:

• Be referred to the program by a justice, Crown, court worker, or social agency, or
• If they have received criminal senior counsel services before, contact the senior counsel who previously represented them directly.

LAO’s Criminal Senior Counsel department can be reached via email at mcmo@lao.on.ca.

Accused in custody

Provincial or federal inmates can apply for legal aid by calling our designated inmate direct line. This phone channel is available in all jails.

Select jails in Ontario have designated LAO offices. These offices are staffed by duty counsel and legal aid workers on a rotating basis. Some office locations operate part-time.

Please reach out to the director general in your area via rsdbusinessteam@lao.on.ca to confirm the availability of in-person duty counsel services for specific institutions.

Individuals in custody are not subject to financial eligibility testing for duty counsel services. However, those who are released from custody are subject to financial eligibility testing.

Family duty counsel services

Family duty counsel can provide legal advice, document review and preparation and in-court assistance at the Ontario Court of Justice and Unified Family Court. This includes assistance with:

• Motions to Change and claims regarding parenting time, decision-making responsibility and child support
• Urgent motions
• Negotiations (including resolution focused settlement conferences)
• Written consents, if negotiations have been completed and the issues are eligible for duty counsel service
• Family Responsibility Office matters (e.g. first appearances, refraining motions, adjournments)
• Family law case conferences (up to the end of the second case conference)

All duty counsel and legal aid workers can provide general information and referrals to community supports and other legal aid services.

For more information, please see the family duty counsel service guide.

Family Senior Counsel program

The Family Senior Counsel program provides LAO staff lawyers to act as counsel of record under a legal aid certificate in family law and child protection matters. The program is offered across the province with a plan to expand the number of locations as the program grows.

Family senior counsel may represent clients through all stages of a proceeding, including conferences, motions, trials, and, where appropriate, appeals. The program focuses on matters involving legal complexity and client vulnerability.

To receive help from a family senior counsel, a client must:

1. Apply for a legal aid certificate.
2. After receiving a certificate, complete the referral form and email it to familyseniorcounsel@lao.on.ca.

Duty counsel may assist individuals as needed with completing their application and referral form.

Referrals may also be made by the judiciary. Judges or their designates can email familyseniorcounsel@lao.on.ca directly to refer an individual to the program.

Referrals are assessed on a case-by-case basis, subject to program criteria and capacity.

Family settlement conferences

LAO settlement conferences offer clients an accessible alternative to going to court. Led by experienced family lawyers trained in negotiation and conflict resolution, these virtual sessions help parties reach voluntary agreements quickly and confidentially.

Eligibility:

• At least one party must qualify for legal aid.
• Both parties must be represented by counsel during the conference.

Benefits:

• No cost to participants, making settlement accessible.
• Available at any stage of a family law matter, without requiring a court proceeding.
• All family law issues may be addressed without restrictions.
• Scheduling is flexible and timely, helping expedite resolution.
• Most sessions are offered virtually, ensuring access for parties across Ontario.

Domestic violence and safety considerations:

• Facilitators are trained to recognize and respond to issues of domestic violence, power imbalances, and high-conflict dynamics. At the start of each LAO settlement conference, participants are advised that the process may be ended at any time if safety becomes a concern.
• Counsel play a vital role in screening for appropriateness and are encouraged to advise LAO if the process is unsuitable for a given case.
• LAO will not schedule an LAO settlement conference where court-imposed restrictions prohibit participation (e.g., bail conditions or no-contact orders).

To initiate an LAO settlement conference:

Counsel must submit a written request through Legal Aid Online that includes the names of the parties, their counsel, and the location of the matter. LAO staff will then coordinate scheduling and next steps.

Getting legal advice and information by phone

Individuals can call LAO at 1-800-668-8258 for summary legal advice and legal information. Our Contact Centre is open Monday to Friday from 8 a.m. to 5 p.m. ET.

If eligible for summary legal advice services, LAO will either:

• Arrange a call back from a legal professional between the hours of 8:30 a.m. and 4:30 p.m. from a private number, or
• Immediately transfer the client to speak on the phone directly with a legal professional.
  • This service is only for those experiencing exceptional or emergency circumstances.
  • A direct transfer to a legal professional is available for criminal and family matters.

Summary legal advice for criminal matters

LAO’s criminal summary legal advice services are for those looking for information or advice about:

• First appearance or any court appearances, including charge resolution (plea, sentencing, diversion)
• How to connect with duty counsel
• Transferring charges to another jurisdiction
• Consequences of various sentences

Summary legal advice for family matters

LAO’s family summary legal advice services include information or advice about:

• Options for resolving family matters
• Domestic violence
• Decision-making responsibility and parenting time
• Child support
• Going to family court

For more information, please see the summary legal advice section.

If you have questions about finding counsel for a specific court-ordered appointment or would like more information about court-ordered appointments in general, please email LAO’s Protocol Case Unit at gencasemgmt@lao.on.ca.

LAO’s process to find counsel for court-ordered appointments

LAO’s process for finding counsel for court-ordered appointments depends on the type of court order.

Where counsel is named in the order:

• LAO will typically issue a certificate to the lawyer named.

When counsel is not named in the order:

• LAO canvasses its roster for an appropriate and available lawyer.
• Lawyers are considered based on the individual’s preferred counsel, the roster member’s expertise, and/or the scope of the court order.
• LAO will send lawyers’ names to the court for consideration.

Information LAO requires for court appointments in criminal cases

For a criminal matter, LAO must receive the requisite information from the Crown’s Protocol Office before it can begin processing a court-ordered appointment to issue a legal aid certificate. The type of information that LAO requires from the Crown varies depending on the court order.

Where applicable, LAO may require:

• A copy of the completed Crown intake form
• The court order
• A police synopsis

LAO also requires guidance regarding the lawyer to be appointed, including whether:

• A lawyer is already named on the order,
• The individual has preferred counsel; or
• A judge is requesting names of appropriate counsel from LAO.

Information LAO requires for court appointments in family law cases

For a family law matter, LAO must receive the following information from the court, where applicable, before it can begin processing a court-ordered appointment to issue a legal aid certificate.

• Court endorsement/order
• Full name and birthdate for both parties
• Child(ren)’s name(s), age(s)
• Nature of proceeding: Domestic family case or child protection
• Overview of contested issues and scope of appointment
• Names of previous counsel, if any
• Next court date and nature of court appearance; and whether in-person attendance required by the judge

LAO also requires guidance regarding the lawyer to be appointed, including whether:

• A lawyer is already named on the order,
• The individual has preferred counsel, or
• A judge is requesting names of appropriate counsel from LAO

Court orders and all other requisite information should be emailed to: gencasemgmt@lao.on.ca.

Crown submission of court orders

To ensure matters are dealt with in a timely manner, the Crown’s office should send the court-ordered appointment, Crown intake form, and supporting materials to the Crown’s Protocol Office at MAG.LAO.Protocol@ontario.ca.

After the Crown’s Protocol Office reviews the forms, the completed forms and order are forwarded to LAO’s team at gencasemgmt@lao.on.ca.

LAO assistance with Rowbotham applications

LAO may share Rowbotham application instructions with an individual who has been denied legal aid or a change of lawyer. The individual may need to hire a lawyer independently to help them complete the forms, or their LAO roster lawyer may assist them as they complete the necessary forms for the application. The lawyer must submit the application on behalf of the client.

Please note that duty counsel do not assist with Rowbotham applications. Once the application is submitted, the lawyer bringing the application is responsible for corresponding with the Ministry of the Attorney General to confirm whether it has been approved.

Please note Rowbotham applications are for criminal matters only.

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