Legal Aid Certificates & Family Law

Topic: Family Law February 7, 2017 by Erika Young

Access to justice has been a growing problem in Canada for many years. The legal system has seen an increasing number of individuals representing themselves either because they simply cannot afford legal services or have exhausted all of their financial resources. It is estimated that around 65% of litigants in Family Court in Ontario are self-represented; in Toronto, the numbers are as high as 75%. Many consider these to be conservative estimates. Many justice organizations and legal professionals describe the current situation in Ontario as an “access to justice” crisis. The growing crisis poses many challenges to the legal system and those who interact with it, including judges, court staff, legal counsel and litigants.

In an effort to ensure that more Ontarians are getting appropriate legal advice and representation, the provincial and federal governments have increased their funding of the provincial legal aid system, Legal Aid Ontario (LAO). LAO’s mandate covers various areas of law, including criminal, immigration, refugee, housing, health, disability and employment. Here at LMR, we can help you with your family matter.

When it comes to family law, LAO provides services for such issues as custody, access, property and child protection. LAO provides funding not just for individuals who are in Court, but also for those who wish to resolve their matters by negotiating a separation agreement or attending mediation.

So what is a certificate and how do you find out if you qualify for one?

A LAO certificate allows an individual to retain a private lawyer, who is guaranteed payment by LAO for a specific number of hours. In order to obtain a certificate you must be financially eligible and your matter must meet a certain degree of seriousness and complexity.

In order to determine whether or not you qualify for a legal aid certificate, you must either visit your local Family Law Information Centre (normally located in the court house) or contact the Client Service Centre (1-800-668-8258).

When you are applying for a certificate, you should have with you information about your matter, including any documents you have been served, any upcoming court dates, and information about your financial situation. LAO may request that you send certain financial documents to them before they can determine whether or not you qualify.

To look at the LAO financial eligibility thresholds, and find other information about LAO, you can go to Legal Aid Ontario’s website at http://www.legalaid.on.ca/.

If you qualify for a certificate, then you will be provided with a certificate number and a list of lawyers who accept certificates in your area. Here at our firm, I accept legal aid certificates on both family and child protection matters. Please feel free to contact me to determine whether or not I may be able to assist you.

Do not be disheartened if you do not qualify for a full legal aid certificate – there are other resources available through Legal Aid to assist you, such as Family Law Information Centres (FLIC) and duty counsel. LAO has competent staff lawyers to help guide those individuals who do not qualify for a full certificate, but still meet LAO’s financial eligibility test. Here at LMR, we do offer alternative fee arrangements, such as limited scope retainers, to assist you with your family matter while keeping in mind that there are limited financial resources.

Please feel free to contact a member of our Family Law Group for more information on Legal Aid Ontario certificates and alternative fee arrangements.

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