Acts and Regulations

2014, c.26 - Legal Aid Act

Section 36
Disposition versions

Full text
Fees and court costs
36(1)If 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 or she shall pay those costs to the Commission.
36(2)If proceedings are taken or defended by a holder of a legal aid certificate, and he or she is ordered to pay costs by a judgment or order of a court, the Executive Director may, in his or her discretion, authorize a payment in respect of those costs out of the Legal Aid Fund.
36(3)If 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 or she shall pay to the Commission an amount equal to the disbursements made in the proceeding together with the value of the professional services provided, less the amount he or she is obligated to pay under subsection (1).
36(4)If 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 or she shall pay to the Commission an amount equal to the disbursements made in the proceeding together with the value of the professional services provided, less the amount he or she is obligated to pay under subsection (1).
36(5)The Executive Director may reduce or waive an amount payable under subsection (3) or (4) if, under the circumstances of the case, he or she 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 Executive Director.
36(6)If a lawyer is in possession of an amount in respect of costs referred to in subsection (1), whether in trust or otherwise, he or she shall pay the amount to the Commission and not to the lawyer’s client.
36(7)If a lawyer is in possession of any sum referred to in subsection (3), whether in trust or otherwise, he or she shall pay the amount to the Commission and not to the lawyer’s client.
36(8)If a lawyer is in possession of any property referred to in subsection (4), whether in trust or otherwise, he or she shall withhold the property from the lawyer’s client until the client complies with subsection (4) or gives the security for payment required by the Executive Director.
36(9)An amount payable under subsection (1), (3) or (4) is a debt owing to the Commission.
Fees and court costs
36(1)If 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 or she shall pay those costs to the Commission.
36(2)If proceedings are taken or defended by a holder of a legal aid certificate, and he or she is ordered to pay costs by a judgment or order of a court, the Executive Director may, in his or her discretion, authorize a payment in respect of those costs out of the Legal Aid Fund.
36(3)If 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 or she shall pay to the Commission an amount equal to the disbursements made in the proceeding together with the value of the professional services provided, less the amount he or she is obligated to pay under subsection (1).
36(4)If 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 or she shall pay to the Commission an amount equal to the disbursements made in the proceeding together with the value of the professional services provided, less the amount he or she is obligated to pay under subsection (1).
36(5)The Executive Director may reduce or waive an amount payable under subsection (3) or (4) if, under the circumstances of the case, he or she 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 Executive Director.
36(6)If a lawyer is in possession of an amount in respect of costs referred to in subsection (1), whether in trust or otherwise, he or she shall pay the amount to the Commission and not to the lawyer’s client.
36(7)If a lawyer is in possession of any sum referred to in subsection (3), whether in trust or otherwise, he or she shall pay the amount to the Commission and not to the lawyer’s client.
36(8)If a lawyer is in possession of any property referred to in subsection (4), whether in trust or otherwise, he or she shall withhold the property from the lawyer’s client until the client complies with subsection (4) or gives the security for payment required by the Executive Director.
36(9)An amount payable under subsection (1), (3) or (4) is a debt owing to the Commission.