Legal Aid Ontario Family Law Certificates: Who Qualifies

If money is tight and you are facing a family case about parenting, support or property, paying a lawyer can seem out of reach. Legal Aid Ontario is one of the main ways low-income people get legal help, and it is worth understanding how it works before you apply.

This article explains what a certificate is, how eligibility generally works, and what you can still do if you do not qualify. Income limits and the exact coverage of a certificate change over time, so confirm current details directly with Legal Aid Ontario.

What a legal aid certificate is

Legal Aid Ontario may give a low-income person a certificate to pay for their own lawyer. You must qualify financially to receive a certificate.

A certificate is a way of paying for your own lawyer, which is different from the short help available at the courthouse. What a certificate covers depends on your situation, so ask Legal Aid Ontario what it includes for your type of case.

Who may qualify

You must qualify financially to receive a certificate. Legal Aid Ontario looks at whether you are low-income, and the thresholds can change. This article does not set out dollar figures, because they should be checked with Legal Aid Ontario at the time you apply.

Whether a certificate covers a particular issue in your case depends on your situation, so it is worth confirming with Legal Aid Ontario. It helps to bring information about your income, your household and the issues in dispute when you ask.

• Your financial situation is the starting point.
• How a certificate applies to your particular family issue depends on your situation, so it is worth confirming with Legal Aid Ontario.
• Your court and location may affect which services you can reach in person, since duty counsel and other supports vary by courthouse.

Help you can use whether or not you qualify

Legal Aid Ontario provides family duty counsel lawyers at courthouses, both in person and virtually. They can review your forms and explain the law, but they cannot represent you in your court case.

The Ontario Court of Justice says duty counsel and advice counsel at family courthouses may give 20 minutes of free advice, whether or not you are eligible for legal aid. Because the time is short, prepare a list of your most important questions.

The Law Society Referral Service gives the name of a lawyer in your community and a consultation of up to 30 minutes at no charge. Call 1-855-947-5255, or 416-947-5255 in the GTA.

Other free help beyond a certificate

Not having a certificate does not mean being on your own. The Urgent/Emergency Family Law Referral line gives free telephone advice to people without a lawyer (1-800-268-7568 or 416-947-3310). The Family Justice Centre gives free, supervised drafting help from law students to people who qualify financially (647-952-3354).

Family Law Information Centres are another place to start. They give information and referrals, though they do not give legal advice.

If you are a victim of domestic violence who is in, or may become involved in, a family court case, a Family Court Support Worker may be able to explain the process, help you prepare, help with safety planning (including getting to and from court safely) and go to court with you when appropriate.

What to do next

Do not wait for a legal aid decision before paying attention to deadlines. For example, a respondent must serve and file an Answer (Form 10) within 30 days after being served with the application, or 60 days if it was served outside Canada or the United States. If you do not answer, you are generally not entitled to further notice of steps or to take part in the case, and the court may deal with it in your absence.

• Contact Legal Aid Ontario to ask about current financial eligibility and what a certificate covers for your type of case.
• Write down the date you were served and count your deadline right away.
• Gather proof of income, your court papers and any existing orders.
• Visit duty counsel at the courthouse for short advice while your application is pending.
• Ask the court office about a Family Law Information Centre and any support workers.
• If you do not qualify for a certificate, try the Urgent/Emergency Family Law Referral line, and ask the Family Justice Centre whether you qualify for its drafting help.

Frequently asked questions