Authorization requests
Authorization requests
How to request additional hours for criminal, family, child welfare, child representation and immigration certificates.
Authorization requests: Criminal
Authorization requests on criminal certificates
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.
Example 1
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:
|
Tariff
|
Description
|
Amount
|
Hours
|
|---|---|---|---|
|
11.01
|
Provincial Court Fee
|
312.50
|
2.5
|
|
11.03
|
Visiting Client in Custody
|
250.00
|
2.0
|
|
11.04
|
Bail in Provincial Court
|
312.50
|
2.5
|
|
11.07
|
Non-trial Resolution
|
500.00
|
4.0
|
|
|
TOTAL
|
|
11.0
|
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:
|
Date/Time
|
Work Performed
|
Time Spent
|
|---|---|---|
|
May 1, 2023 - AM
|
Opened file. Called client in custody (message that they got picked up at 3 a.m.)
|
0.7
|
|
May 1, 2023 - PM
|
I went to Remand to work out a bail plan for tomorrow with client.
|
1.8
|
|
May 1, 2023 - PM
|
Called client's landlord and boss to confirm employment and residence.
|
0.4
|
|
May 1, 2023 - PM
|
Called client's mother to see if she would be a potential surety and explained that she would need independent legal advice. Gave her a referral for this.
|
0.4
|
|
May 3, 2023 - AM
|
Appeared in court in Sherwood Park for bail hearing but had to wait until other matters were called, as Crown was not consenting (non-billable wait time). Got client released. Requested disclosure and got an offer from the Crown.
|
1.5
|
|
May 22, 2023 - PM
|
Had client in to review disclosure and the offer. The disclosure is bad, but the offer is good. Client wants to take the deal. 606ed him.
|
1.2
|
|
May 31, 2023 - AM
|
Assisted client for a joint submission for probation in Sherwood Park.
|
2.0
|
|
|
Total
|
8.0
|
Result:
Although the lawyer spent more time than the presumed 2.5 hours in preparation and conduct of the bail hearing, the total 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.
Example 2
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:
|
Tariff
|
Description
|
Amount
|
Hours
|
|---|---|---|---|
|
11.01
|
Provincial Court Fee
|
687.50
|
5.5
|
|
11.03
|
Visiting Client in Custody
|
250.00
|
2.0
|
|
11.04
|
Bail in Provincial Court
|
375.00
|
3.0
|
|
11.07
|
Non-trial Resolution
|
750.00
|
6.0
|
|
11.08
|
Multiple Information Resolution
|
187.50
|
1.5
|
|
|
TOTAL
|
|
18.0
|
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:
|
Date/Time
|
Work Performed
|
Hours
|
|---|---|---|
|
April 25, 2023 - AM
|
Opened file, called client in custody (Message that they got picked up at 3 a.m.)
|
1.0
|
|
April 25, 2023 - PM
|
Went to Remand to work out a bail plan for tomorrow with client
|
2.0
|
|
April 25, 2023 - PM
|
Called client's landlord and boss to confirm employment and residence.
|
0.5
|
|
April 25, 2023 - PM
|
Called client's mom to see if she wold be a potential surety and explained that she would need independent counsel. Gave her a referral for this.
|
1.5
|
|
May 1, 202 - AM
|
Appeared in court for bail hearing in Sherwood Park but had to wait until other matters were called, as Crown was not consenting (non-billable wait time). Got client released. Requested disclosure and an offer from the Crown.
|
2.5
|
|
May 8, 2023 - AM
|
Appeared in court in Sherwood Park for election and plea, but had to wait until other matters were called, ending up adjourning matter as client failed to appear.
|
2.0
|
|
May 8, 2023 - PM
|
Called client
|
0.5
|
|
May 10, 2023 - PM
|
Had client in to review the disclosure and the offer. Disclosure review involved playing back video a few times to determine if identity would be an issue. The disclosure is bad but the offer is good. Client wants to take the deal. 606ed him.
|
4.0
|
|
May 12, 2023 - PM
|
Researched case law on similar offences regarding sentencing, as this is a new offence.
|
3.0
|
|
May 15, 2023 - AM
|
Assisted client in a joint submission for probation in Sherwood Park court.
|
3.0
|
|
|
TOTAL
|
20.0
|
Result:
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.
Authorization requests: Family
Authorization requests on civil certificates – Family
When submitting your additional hours request under tariff 15.02 (civil additional hours), please include the following information:
- What alternate dispute resolution processes have been attempted, including 4-way settlement meetings?
- What issues have been resolved?
Describe for each court application/appearance the following:
- Applicant or respondent?
- What was the relief sought? What was the outcome?
- If the matter was adjourned, why was it adjourned?
- What challenges/stumbling blocks have affected getting the file concluded within the hours provided on the certificate to date? (examples: language barriers, mental health issues, child welfare involvement, substance abuse allegations, opposing party self-represented)
Is the file in Case Management? If yes, how many Case Management meetings have there been?
- What are the outstanding issues?
- What are the positions of each of the parties?
- What recommendations have you suggested to the client to conclude the outstanding issues?
- Is the client’s position realistic? Is the client willing to compromise?
What stage are the proceedings at? For example, examination for discovery completed, pretrial conference scheduled, etc.
- If property division is at issue, what is the total value of the net matrimonial property available for distribution? Please provide property statement if available.
- What is your plan to move the file to resolution/conclusion?
- Is the client aware of their legal costs to date?
- Has the client approved your request for additional hours?
- If you were previously told that no more hours would be approved, what unforeseen or exceptional circumstances have arisen since the last request to justify further hours?
Additional information:
In determining how many further hours you require, please ensure that you deduct from the total hours incurred on the file the hours that fall under other tariff items.
Requests that do not contain sufficient information to justify the additional hours will not be approved. You will be asked to resubmit the request with more information.
Additional hours are not guaranteed on any certificate. Please attach time records to your request.
Authorization requests: Child welfare
Authorization requests on civil certificates – child welfare
When submitting your additional hours request under tariff 15.02 (civil additional hours), please include the following information:
- How many children are involved?
- How many parties are involved? How many lawyers are involved?
- How many docket court appearances have there been, and what happened at each appearance? If matter was adjourned explain why
- How many JDR’s or Pre-Trial Conferences have there been?
- Have there been any 4-way meetings with the Director? What are the obstacles to resolution?
- Have there been any access issues? Please describe.
- Is the client engaged in the process? What steps has the client taken to address the child protection concerns raised by CFS. Please explain.
- Is the client being reasonable in addressing child protection concerns? Please explain.
- Does the client have a lengthy history with CFS? Briefly describe
- How much disclosure is there? Has it already been reviewed once?
- Has an assessment by CFS been done? What are the recommendations? What do you feel you need to challenge and why?
- Have trial dates been set? How many days?
- How many witnesses do you intend to call, and how many expert witnesses will there be?
Additional information:
In determining how many further hours you require, please ensure that you deduct from the total hours incurred on the file the hours that fall under other tariff items.
Requests that do not contain sufficient information to justify the additional hours will not be approved. You will be asked to resubmit the request with more information.
Additional hours are not guaranteed on any certificate. Please attach time records to your request.
Authorization requests: Child representation
Authorization requests on civil certificates – child representation
When submitting your additional hours request under tariff 15.02 (civil additional hours), please include the following information:
- How many children are involved?
- How many meetings with the children have there been and over what time period?
- How many court appearances have there been, and what was the result?
- How many third parties have been interviewed (ex. school principal, counsellor)?
- How many reports/letters have been prepared for the court?
- Have you conducted any settlement meetings? How many and with what result?
- Who is driving the litigation?
- How much direct contact have you had with the parties? For example, have there been excessive emails or phone calls?
- Is the file in Case Management?
- Are one or both of the parties self-represented?
- Is there or will there be a Voice of the Child Report? What were the recommendations? What is still preventing the parties from reaching an agreement?
Additional information:
In determining how many further hours you require, please ensure that you deduct from the total hours incurred on the file the hours that fall under other tariff items.
Requests that do not contain sufficient information to justify the additional hours will not be approved. You will be asked to resubmit the request with more information.
Additional hours are not guaranteed on any certificate. Please attach time records to your request.
Authorization requests: Immigration
Authorization requests: Immigration
When submitting your additional hours request under tariff 15.02 (civil additional hours), please include the following information. Please be advised that each Certificate is case and fact specific so you must include specifics of the issues facing your client when making any request on Immigration Certificates.
- Summary of the history of the client’s immigration history.
- Hearing dates and any adjournments of hearings (and reason for adjournment) or continuations.
- What are the main issues for the hearing (whatever type)?
- What is a summary of CBSA’s case against the client or the evidence they seek to rely on?
- What is a brief summary of the client’s situation or response to the proposed evidence?
- Inadmissibility or detention review due to criminal convictions or behavior evidence?
- Identity Issues?
- What documents or claims is the client relying on?
- What outcome is the client seeking?
- What outcome is CBSA seeking if not obvious?
Additional hours:
Additional hours requested when added to the base hours on the certificate may NOT exceed double the hours listed below:
- Admissibility Hearings – 12 hours
- Detention Reviews – 3 hours
- Refugee Claims – 12 hours
- Refugee Appeals – 25 hours
- Judicial Reviews of refugee claims – 25 hours
- Removal Appeals – 25 hours
More information:
Requests that do not contain sufficient information to justify the additional hours will not be approved. You will be asked to resubmit the request with more information.
Additional hours are not guaranteed on any certificate and the above guidelines are not average hours required but maximum caps on hours that may be available if justifiable.
Please attach time records to your request.