The gross income figures are compared to a fixed scale of financial guidelines which takes into account family size. In the case of common law relationships, common law spouses and their dependents are considered family. The chart below illustrates the current gross annual and monthly guidelines. Applicants who are on the borderline of financial eligibility may be extended coverage on a contributing basis. This means the client is required to make monthly payments as a condition of receiving Legal Aid.
Staff have wide discretion to waive the application fee.
The Legal Aid Rules provide that a financially eligible applicant may be granted legal aid in a civil matter where that matter is subject to the jurisdiction of the courts, and has merit or a likelihood of success, or both. The case must also be one which a reasonable person of modest means would commence or defend and the circumstances at the time of application must warrant coverage. The legal costs of commencing or defending the action must be reasonable when compared with the relief sought. A legal opinion may be obtained to assist in determining merit or likelihood of success as well as the other requirements for coverage. Civil appeals to the Supreme Court of Canada are within the sole jurisdiction of the Appeals Committees.