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  • Legal Aid for divorce/ court?

    I've been a Stay at Home Mom for 15 years.

    Since ex and I split up in Nov 2011, I have mostly been living off my cashed in RRSPs, Child Tax benefits and what ex cares to throw to me(no SA).

    I'm looking at $11k spent/given to the lawyer so far and we are now in court (me as Respondent) though have not yet had our case conference.

    It just recently occurred to me that I could qualify for Legal Aid. Yes...duh...this had never occurred to me until recently...

    What is the upside of claiming it?

    Any downside(s)?

    What do I need to know?

    My lawyer takes it.

    All info much appreciated, thanks

  • #2
    it is all income - you meet the threshold you are given a voucher or ticket for the lawyer of your choosing to accept it ffor payment.

    you will find that if own your home, you have RRSP's - both will disqualify you. It is possible to set up a lien against the home (cost to do this with a realestate lawyer is ???). You pick your lawyer, there are limits in how many hours they can bill for certain issues. They can't bill you the difference. The upside? Naturally as they say here, suddenly the government gives you wings to soar as high and far as your legal aide lawyer can bill the system. You drown your ex in frivalous motions and the like.....

    Downside? well perhaps if your income is within the limits that you need to pay a percentage of the billables (say 10, 20, 30 % ???)

    The real key I believe is to allow your lawyer a little wiggle room within your mandate of service - but you must build a plan that will get you to where you need to be, then stay on top of your lawyer to only do work that you approve and the key??? To only do work that will get you to your goal. You need to pay atention to what the other lawyer is doing as well - 10 letters sent = how long does your lawyer take to read them, maybe respond to a few and bam there goes $1500. The last thing I would point out is your lawyer's cost hinges on how much time is spent with you, do you know you file? do you know the laws that apply to your situation? Are you doing as much of the leg work as you possibly can? These things will help a lot

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    • #3
      Originally posted by lancelot View Post
      I've been a Stay at Home Mom for 15 years.

      Since ex and I split up in Nov 2011, I have mostly been living off my cashed in RRSPs, Child Tax benefits and what ex cares to throw to me(no SA).

      I'm looking at $11k spent/given to the lawyer so far and we are now in court (me as Respondent) though have not yet had our case conference.

      It just recently occurred to me that I could qualify for Legal Aid. Yes...duh...this had never occurred to me until recently...

      What is the upside of claiming it?

      Any downside(s)?

      What do I need to know?

      My lawyer takes it.

      All info much appreciated, thanks
      1. You have to provide full and frank financial disclosure to all the assets in your name (including your RRSP).

      2. Your withdraws are considered taxable income and therefor will be considered as part of your "income" prior to getting your "wings" from Legal Aid Ontario.

      3. It is a criminal offense to miss represent your income and assets to Legal Aid Ontario to get "wings". You are required to provide FULL AND FRANK financial disclosure of all assets in your name.

      4. You may be expected to leverage and exhaust your entire RRSP prior to being granted your "wings" from Legal Aid Ontario.

      5. You may be required to fill out the "pink form", which from my evaluation of this material, will require you to make an allegation of "domestic violence" against the other party to get your "wings" quite often.

      Legal Aid - It Gives you wings...

      CanLII - 2011 ONSC 7476 (CanLII)

      1. The popular beverage has a catchy slogan: “Red Bull gives you wings.”

      2. But at this costs hearing, the self-represented Respondent father suggested a wry variation: “Legal Aid gives you wings.”

      3. He now seeks costs in relation to a 17 day custody trial which resulted in my 606 paragraph judgment dated November 9, 2011. He won; sole custody. The Applicant mother was represented by counsel. Her poor finances qualified her for Legal Aid. Now she says those same poor finances should excuse her from paying costs.

      4. The Respondent asks a valid question: Does she have wings? Can she do whatever she wants in court, without ever worrying about fees – hers or anyone else’s?
      Good Luck!
      Tayken

      Comment


      • #4
        All good info, thanks very much

        Comment


        • #5
          Hi

          I received legal aid in September. It isn't a complicated process but you have to jump through a few hoops. I would think if you have RRSPs still available to you, that would exclude you but I don't know as I was left with nothing.

          First I called the Legal Aid phone line and someone called me back. They took a quick history over the phone. They sent me to the local court house to speak to Duty Counsel. Duty counsel had to decide whether my issues were complicated enough to qualify for legal aid or if my custody/support concerns were simple enough for me to file/represent myself with the assistance of which ever duty counsel was available on each day.

          Yes, as Tayken says, it was a pink form but the process was rather simple. Show up with the form and speak with Duty Counsel when they had a minute.

          Once Duty Counsel "approved" the level of complicated-ness and signed the pink form, then I called Legal Aid back. They then took a detailed financial history, requested I fax in three months of bank statements and then I had to wait about 10 days for a final approval.

          My understanding is they could require some degree/percentage payment but in my case it was 0.

          I received 12 hours of lawyer time and 4 hours of court time. I have no idea what happens if I go over that amount (I've never asked) as I am hopeful that it can be resolved quickly. I don't think it gives you "wings" as my understanding is there is a set amount of legal hours you receive, not unlimited approval to do whatever you want. I think that is a misconception, in my opinion.

          Hope that helps some.

          Comment


          • #6
            Originally posted by SadAndTired View Post
            I don't think it gives you "wings" as my understanding is there is a set amount of legal hours you receive, not unlimited approval to do whatever you want. I think that is a misconception, in my opinion.
            You can address the miss conception with the Honourable Mr. Justice Pazaratz who authored the case law and made the costs order against a "winged" "Legal Aid Ontario" recipient.

            Furthermore, run over your 12 + 4 hours and see what happens. You will get more money more than likely. Especially if you allege abuse on the pink form.

            Good Luck!
            Tayken

            Comment


            • #7
              LOL. Perhaps I will give him a call Tayken....

              And no, there is no allegation of abuse in my case. No abuse of any kind from my side nor my stbx's either.

              I hope I don't need more legal aid hours. After 14 months, it is time to put this situation to bed.

              I will say that the LA lawyer I have seems very solution focused and doesn't tolerate any emotional stuff. He deals with the legal issues in a very clear and concise way. He is awesome.

              Comment

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