NOTICE TO READER
The answer to each question below is a brief summary for informational purposes only and is only applicable in the Province of Ontario. It is not meant to be legal advice. If you require information or advice as it relates to your individual circumstances you are advised to consult with your own lawyer or retain the legal services of Veena Pohani.
Can you take the Government to Court to pay for your legal fees if you have
been denied Legal Aid Funding?
Short Answer: Yes this can be done but only in the most sparingly of cases which requires wisdom, and a careful analysis of the facts.
On June 14, 2014, I was the first lawyer in Ontario to take Legal Aid Ontario to Court to pay my client’s funding for legal fees and disbursements when she was denied funding.
My client L.G. was denied legal aid funding for an appeal, and had the confidence in me to bring a motion to take Legal Aid Ontario to Court to pay for her legal fees on the ground that there was merit to the Appeal. I set the test to the Court and told them that since there was no transcripts available, the Applicant need only show that there is some merit to the Appeal. I was able to show the Court that there was in fact merit to the appeal by persuading them of errors in the trial.
I was successful in this challenge and it was the first of it’s kind ever, in Ontario. The case remains unreported to this day, for reasons for which are unclear to me.
This type of challenge is now being brought more frequently, however not always with success. This is not a mechanical application where you can just plug in facts and expect to be successful on this type of challenge. You have to prove merit and in some cases, you will be arguing merit against very skilled lawyers at the Children’s Aid Society or at Legal Aid Ontario.
If you have been denied legal aid funding for an appeal or a trial, contact my office and I can assist you on this matter. I do not accept legal aid for this type of court matter.