FOLA received notice yesterday from Legal Aid Ontario about changes that are coming in the duty counsel program, effective July 7th.
The lists of what duty counsel will do/won’t do are attached.
The central changes are as follows, though the detail is really in the service guides:
- Criminal duty counsel: duty counsel will continue to serve in-custody accused without financially testing as always, but will serve only financially and legally eligible clients for out-of-custody accused. Duty counsel won’t be providing dedicated courtroom services (ie staffing courtrooms all day) except for bail court. However, duty counsel will continue to go into court (not trial courts, of course) to serve legally and financially eligible clients.
- Family duty counsel: duty counsel will assist clients with some aspects of Motions to Change, and will provide in-court service to financially and legally eligible clients in the Ontario Court of Justice and the Unified Family Court.
- Agency work: duty counsel will provide routine agency work for lawyers on certificate matters.
As a practising lawyer, with over 25 years experience, and with my practice restricted, by choice, to criminal law for well over half my career, please, accept this personal note of encouragement. I can say that in reviewing the DC restrictions rather than enhancement of DC services we, the practising Certificate counsel Bar, should see a wee glimmer of positivity as this is good for us and not as harmful as anticipated. In the meanwhile, I as FOLA LAO chair, and Katie Robinette, FOLA’s Executive Director, plan to continue to actively participate with the Alliance for the Sustainability of Legal Aid (ASLA). The next meeting is Tuesday next. We and other stakeholders are seeking a course of action to address your concerns.
FOLA Legal Aid Chair
Do you file civil case documents? Tell us how Civil Claims Online can work better for you.
Since November 2017, Ontarians have been able to file select civil case documents online, 24/7 using the Ministry of the Attorney General’s Civil Claims Online service.
We want to hear from you
As current and potential users, your input is crucial for making this service a success. We created a survey to get a better understanding of how you currently use the service, what you like about it and where we can improve.
Please respond to the survey by March 22, 2019. We truly appreciate your feedback!
Did you know?
With this service, you can file online 24/7. Filing online reduces trips to the courthouse, eliminates the need to pay for postage or courier services and reduces processing delays. Visit Ontario.ca/page/file-civil-claim-online to learn more.
Please see the attached notices in regards to the expansion of the Family Claims Online Service.
Our Reference #: AC-2018-273
May 28, 2018
Dear Member of the Legal Community,
Expansion of the civil claims online filing service on May 28, 2018
I am writing to inform you that the civil claims online filing service has been expanded to enable the online filing of additional documents in a civil proceeding in the Superior Court of Justice. This expansion follows the successful province-wide launch of the service in November 2017.
As of May 28, 2018, it will be possible to file the following documents online through the civil claims online portal (http://ontario.ca/civilclaims):
- Statement of Defence (Form 18A)
- Notice of Intent to Defend (Form 18B)
- Statement of Claim filed following the issuance of a Notice of Action (Form 14D)
- Proof of Service of documents that are filed online
- Orders and Consents that are required in support of the filing of a document online
The online filing of these documents with the Superior Court of Justice has been authorized by subrule 4.05.1(2) of the Rules of Civil Procedure. The rules also clarify that it will not be necessary to provide the court with a paper copy of a document that was filed online unless the matter is proceeding to a hearing or conference and the party intends to rely on the document at the hearing (rule 4.05.1(6), in force May 28, 2018).
The civil claims online filing service will continue to:
- allow the online filing of initiating documents:
- Statement of Claim (Form 14A, 14B)
- Notice of Action (Form 14C)
- Affidavit of Litigation Guardian of a Plaintiff under a Disability
- Request for Bilingual Proceedings
- Consent to File Documents in French
- email court-issued Statements of Claim or Notices of Action;
- allow online payment of court fees by credit card or Interac;
- allow a user to track online filing fee payments, submissions and draft submissions; and
- save work in progress and return to drafts in order to submit the request for filing at a later time.
If you are interested in arranging an online information session for your members about the expanded civil claims online filing service, please send an email to firstname.lastname@example.org.
Please share any comments about the service with Vaia Pappas, Director of the Operational Support Branch at email@example.com.
Assistant Deputy Attorney General
Court Services Division
Please see the link below in regards to a new practice direction relating to Long Motions in the Ontario Superior Court of Justice in Welland.
Refugee Law, 2nd Edition
Baglay, Sasha, 2017
Detention and Arrest, 2nd Edition
Coughlan, Steve, 2017
Practitioner’s Guide to Commercial Arbitration
Huberman, Marvin J., 2017
Mental Disorder and the Law, 2nd Edition
Bloom, Hy, 2017
Epstein, Howard, 2017
Please find below a copy of a memo which was distributed to counsel by Justice MacPherson on May 24th, 2017.
The Superior Court of Justice has established a new Provincial Practice Direction Regarding Criminal Proceedings, which will be in effect as of May 1, 2017. Please see the attached notice for more information and links.
As of November 6, 2016, almost all fees of the court were increased. This has not been done in a long time, so some of the increases are quite substantial. The new fee schedule is attached for your convenience.
If you have any questions, feel free to call the court.
Understanding Charter Damages: The Evolution of a Charter Remedy
W.H. Charles, 2016
CPP Disability Pension Guide: CPP Benefits, Practice and Procedures, 2nd Edition
Lloy, Douglas J., 2016
Bruce MacDougall, 2016
Cross-Examination: The Art of the Advocate, 4th Edition
Salhany, The Honourable Roger E., 2016
The Law of Adjournments: A Manual on Postponement
Wilson, Jeffrey, 2016