Authorization requests

Authorization requests

Authorization requests

How to request additional hours for family, child welfare, child representation and immigration certificates.

Authorization requests on civil certificates – Family

 

When submitting your additional hours request under tariff 15.02 (civil additional hours), please include the following information:

 

  • What alternate dispute resolution processes have been attempted, including 4-way settlement meetings?
  • What issues have been resolved?

 

Describe for each court application/appearance the following:

  • Applicant or respondent?
  • What was the relief sought? What was the outcome?
  • If the matter was adjourned, why was it adjourned?
  • What challenges/stumbling blocks have affected getting the file concluded within the hours provided on the certificate to date? (examples: language barriers, mental health issues, child welfare involvement, substance abuse allegations, opposing party self-represented)

 

Is the file in Case Management? If yes, how many Case Management meetings have there been?

  • What are the outstanding issues?
  • What are the positions of each of the parties?
  • What recommendations have you suggested to the client to conclude the outstanding issues?
  • Is the client’s position realistic? Is the client willing to compromise?

 

What stage are the proceedings at? For example, examination for discovery completed, pretrial conference scheduled, etc.

  • If property division is at issue, what is the total value of the net matrimonial property available for distribution? Please provide property statement if available.
  • What is your plan to move the file to resolution/conclusion?
  • Is the client aware of their legal costs to date?
  • Has the client approved your request for additional hours?
  • If you were previously told that no more hours would be approved, what unforeseen or exceptional circumstances have arisen since the last request to justify further hours?

 

Additional information:

 

In determining how many further hours you require, please ensure that you deduct from the total hours incurred on the file the hours that fall under other tariff items.

 

Requests that do not contain sufficient information to justify the additional hours will not be approved. You will be asked to resubmit the request with more information.

 

Additional hours are not guaranteed on any certificate. Please attach time records to your request.

 

Authorization requests on civil certificates – child welfare

 

When submitting your additional hours request under tariff 15.02 (civil additional hours), please include the following information:

 

  • How many children are involved?
  • How many parties are involved? How many lawyers are involved?
  • How many docket court appearances have there been, and what happened at each appearance? If matter was adjourned explain why
  • How many JDR’s or Pre-Trial Conferences have there been?
  • Have there been any 4-way meetings with the Director? What are the obstacles to resolution?
  • Have there been any access issues? Please describe.
  • Is the client engaged in the process? What steps has the client taken to address the child protection concerns raised by CFS. Please explain.
  • Is the client being reasonable in addressing child protection concerns? Please explain.
  • Does the client have a lengthy history with CFS? Briefly describe
  • How much disclosure is there? Has it already been reviewed once?
  • Has an assessment by CFS been done? What are the recommendations? What do you feel you need to challenge and why?
  • Have trial dates been set? How many days?
  • How many witnesses do you intend to call, and how many expert witnesses will there be?

 

Additional information:

In determining how many further hours you require, please ensure that you deduct from the total hours incurred on the file the hours that fall under other tariff items.

 

Requests that do not contain sufficient information to justify the additional hours will not be approved. You will be asked to resubmit the request with more information.

 

Additional hours are not guaranteed on any certificate. Please attach time records to your request.

Authorization requests on civil certificates – child representation

 

When submitting your additional hours request under tariff 15.02 (civil additional hours), please include the following information:

 

  • How many children are involved?
  • How many meetings with the children have there been and over what time period?
  • How many court appearances have there been, and what was the result?
  • How many third parties have been interviewed (ex. school principal, counsellor)?
  • How many reports/letters have been prepared for the court?
  • Have you conducted any settlement meetings? How many and with what result?
  • Who is driving the litigation?
  • How much direct contact have you had with the parties? For example, have there been excessive emails or phone calls?
  • Is the file in Case Management?
  • Are one or both of the parties self-represented?
  • Is there or will there be a Voice of the Child Report? What were the recommendations? What is still preventing the parties from reaching an agreement?

 

Additional information:

 

In determining how many further hours you require, please ensure that you deduct from the total hours incurred on the file the hours that fall under other tariff items.

 

Requests that do not contain sufficient information to justify the additional hours will not be approved. You will be asked to resubmit the request with more information.

 

Additional hours are not guaranteed on any certificate. Please attach time records to your request.

 

Authorization requests: Immigration

 

When submitting your additional hours request under tariff 15.02 (civil additional hours), please include the following information. Please be advised that each Certificate is case and fact specific so you must include specifics of the issues facing your client when making any request on Immigration Certificates.

 

  • Summary of the history of the client’s immigration history.
  • Hearing dates and any adjournments of hearings (and reason for adjournment) or continuations.
  • What are the main issues for the hearing (whatever type)?
  • What is a summary of CBSA’s case against the client or the evidence they seek to rely on?
  • What is a brief summary of the client’s situation or response to the proposed evidence?
  • Inadmissibility or detention review due to criminal convictions or behavior evidence?
  • Identity Issues?
  • What documents or claims is the client relying on?
  • What outcome is the client seeking?
  • What outcome is CBSA seeking if not obvious?

 

Additional hours:

Additional hours requested when added to the base hours on the certificate may NOT exceed double the hours listed below:

 

  • Admissibility Hearings – 12 hours
  • Detention Reviews – 3 hours
  • Refugee Claims – 12 hours
  • Refugee Appeals – 25 hours
  • Judicial Reviews of refugee claims – 25 hours
  • Removal Appeals – 25 hours

 

More information:

Requests that do not contain sufficient information to justify the additional hours will not be approved. You will be asked to resubmit the request with more information.

 

Additional hours are not guaranteed on any certificate and the above guidelines are not average hours required but maximum caps on hours that may be available if justifiable.

 

Please attach time records to your request.