Document ID: chunk:federal_register_of_legislation:F2024C00519:front:0:p30
Version: federal_register_of_legislation:F2024C00519
Segment Type: other
Provision Reference: 
Character Range: 75657–78333

under subrule (1), the Court may take the following matters into account:
 (a) the means of the party;
 (b) the capacity of the party to otherwise obtain legal assistance;
 (c) the nature and complexity of the proceeding;
 (d) any other matters the Court considers appropriate.
 (3) The referral certificate may state the kind of legal assistance for which the party has been referred.
 (4) A Registrar will attempt to arrange for the provision of legal assistance in accordance with the referral certificate to a Pro Bono lawyer.

4.13  A party has no right to apply for a referral
  A party is not entitled to apply to the Court for a referral under rule 4.12.

4.14  Acceptance of referral certificate and provision of legal assistance
  If a lawyer agrees to accept a referral under rule 4.12, the lawyer must provide legal assistance in accordance with the referral certificate.

4.15  Ceasing to provide legal assistance
 (1) A Pro Bono lawyer may cease to provide legal assistance to the assisted party only:
 (a) with the assisted party's written agreement; or
 (b) with a Registrar's permission under rule 4.16.
 (2) If paragraph (1)(a) applies, the Pro Bono lawyer must, within 7 days after receiving the agreement, give a Registrar a copy of the agreement.

4.16  Application for Registrar's permission to cease providing legal assistance
 (1) A Pro Bono lawyer may apply to a Registrar for permission to cease to provide legal assistance to a party.
 (2) An application must be in writing and include the reasons for making the application.
 (3) The Pro Bono lawyer must give a copy of the application only to the assisted party.
 (4) The application:
 (a) will be treated as confidential; and
 (b) will not be treated as part of the proceeding; and
 (c) will not be included on the Court file of the proceeding.
 (5) A Registrar may consider the application without further notice to the assisted party.
 (6) In considering an application, a Registrar will take into account the following:
 (a) whether the Pro Bono lawyer would be likely to be able to cease to provide legal assistance to the assisted party under any practice rules governing professional conduct applying to the lawyer;
 (b) any conflict of interest that the Pro Bono lawyer may have;
 (c) whether there is a substantial disagreement between the Pro Bono lawyer and the assisted party about the conduct of the litigation;
 (d) any view of the Pro Bono lawyer:
 (i) that the assisted party's case is not well founded in fact or law; or
 (ii) that the assisted party's prosecution of the litigation is an abuse of process;
 (e) whether the Pro Bono lawyer lacks the time to provide adequate legal