Acts and Regulations

L-2 - Legal Aid Act

Full text
Fees and court costs
16(1)Where a holder of a legal aid certificate recovers costs in respect of the proceeding for which the certificate was issued pursuant to a judgment or order of a court, he shall pay such costs to the Law Society.
16(2)Where proceedings are taken or defended by a holder of a legal aid certificate, and he is ordered to pay costs by a judgment or order of a court, the Provincial Director may, in his discretion, authorize a payment in respect of such costs out of the Legal Aid Fund.
16(3)Where a holder of a legal aid certificate recovers under a judgment, order, settlement or otherwise any sum in respect of the proceeding for which the legal aid certificate was issued, he shall pay to the Law Society an amount equal to the disbursements made in the proceeding together with the value of the professional services provided, less the amount he is obligated to pay under subsection (1).
16(4)Where the holder of a legal aid certificate recovers under a judgment, order, settlement or otherwise any property in respect of the proceeding for which the legal aid certificate was issued, he shall pay to the Law Society an amount equal tothe disbursements made in the proceeding together with the value of the professional services provided, less the amount he is obligated to pay under subsection (1).
16(5)The Provincial Director may reduce or waive an amount payable under subsection (3) or (4) where, under the circumstances of the case, he considers it unjust to require the amount to be paid in full, in which case the amount deemed to be payable under subsection (3) or (4) shall be an amount set by the Provincial Director.
16(6)Where a solicitor is in possession of an amount in respect of costs referred to in subsection (1), whether in trust or otherwise, he shall pay such amount to the Law Society and not to his client.
16(7)Where a solicitor is in possession of any sum referred to in subsection (3), whether in trust or otherwise, he shall pay such amount to the Law Society and not to his client.
16(8)Where a solicitor is in possession of any property referred to in subsection (4), whether in trust or otherwise, he shall withhold such property from his client until such time as the client complies with subsection (4) or gives such security for payment as is required by the Provincial Director.
16(9)An amount payable under subsection (1), (3) or (4) is a debt owing to the Law Society.
1971, c.11, s.16; 1987, c.6, s.51; 1994, c.45, s.5
Fees and court costs
16(1)Where a holder of a legal aid certificate recovers costs in respect of the proceeding for which the certificate was issued pursuant to a judgment or order of a court, he shall pay such costs to the Law Society.
16(2)Where proceedings are taken or defended by a holder of a legal aid certificate, and he is ordered to pay costs by a judgment or order of a court, the Provincial Director may, in his discretion, authorize a payment in respect of such costs out of the Legal Aid Fund.
16(3)Where a holder of a legal aid certificate recovers under a judgment, order, settlement or otherwise any sum in respect of the proceeding for which the legal aid certificate was issued, he shall pay to the Law Society an amount equal to the disbursements made in the proceeding together with the value of the professional services provided, less the amount he is obligated to pay under subsection (1).
16(4)Where the holder of a legal aid certificate recovers under a judgment, order, settlement or otherwise any property in respect of the proceeding for which the legal aid certificate was issued, he shall pay to the Law Society an amount equal tothe disbursements made in the proceeding together with the value of the professional services provided, less the amount he is obligated to pay under subsection (1).
16(5)The Provincial Director may reduce or waive an amount payable under subsection (3) or (4) where, under the circumstances of the case, he considers it unjust to require the amount to be paid in full, in which case the amount deemed to be payable under subsection (3) or (4) shall be an amount set by the Provincial Director.
16(6)Where a solicitor is in possession of an amount in respect of costs referred to in subsection (1), whether in trust or otherwise, he shall pay such amount to the Law Society and not to his client.
16(7)Where a solicitor is in possession of any sum referred to in subsection (3), whether in trust or otherwise, he shall pay such amount to the Law Society and not to his client.
16(8)Where a solicitor is in possession of any property referred to in subsection (4), whether in trust or otherwise, he shall withhold such property from his client until such time as the client complies with subsection (4) or gives such security for payment as is required by the Provincial Director.
16(9)An amount payable under subsection (1), (3) or (4) is a debt owing to the Law Society.
1971, c.11, s.16; 1987, c.6, s.51; 1994, c.45, s.5