For Summary, Indictable, and Major files, a presumptive maximum number of extra hours is available under item 11.19 Extra Hours Block. These hours are intended for time spent on the file that is over and above what is covered on the claimed block fees, each block rate has the hourly equivalent detailed on the tariff document.
It is important to note that this Tariff Item is only available if time spent on the file exceeds the total of the blocks claimed, not any individual block(s). Item 11.19 is hourly (not a block rate) up to the maximum indicate in the Tariff, set by the highest docket level on the certificate. Counsel can only bill the exact number of hours over and above the block rate equivalent to equal the amount shown on their timesheet.
Timesheets on this item will be mandatory and they must detail what work was done for what amount of time on what specific dates/time. For transparency timesheets will need to be a detailed account of what happened on the client file. Timesheets only indicating “I spent 20 hours on this file in total” will not be sufficient.
Additional hours on criminal certificates, over and above item 11.19 Extra Hours Block, will now only be applicable on Hourly Case Management certificates.
Certificate containing a single Summary Information that is resolved in Docket after a bail hearing and a visit to the client in custody.
Counsel would bill the following under the Tariff:
If counsel’s timesheet for total time spent on the file is over 11.0 hours, item 11.19 can be submitted. Where a Summary charge is the highest level, up to 5.0 extra hours would be allowable.
The lawyer’s timesheet may look like this: 
Although the lawyer spent more time than the presumed 2.5 hours in preparation and conduct of the bail hearing, the total number of time spent on the entire file is still under the 11.0 hours that the block fees account for, so extra hours under 11.19 are not available.
Having said that, this lawyer is still ahead, and will be paid the 11.0 hours that the blocks allow for, despite having only spent 10.0 hours total working on this file.
Certificate containing two dockets, an Indictable Information and a Summary Information that were resolved in Docket after a bail hearing, and a visit to the client in custody.
Counsel would bill the following under the Tariff:
In this example, there was quite a bit more disclosure in the form of video, for example, and this is a brand new offence under the Criminal Code and counsel needed to dive into some case law to make coherent sentencing submissions.
We are now dealing with a timesheet that looks like this:
With a timesheet showing 20 hours, but the blocks billed only accounting for 18.0 hours of this, counsel can now claim 2.0 hours under item 11.19 with their timesheet attached.
Last updated: April 11, 2023
