July 6, 2023
If you work on summary, indictable and major files, you can benefit from a presumptive maximum of extra hours. They should comprise a detailed timesheet showing that combined hours, associated with the claimed blocks, do not sufficiently cover the time spent on the file.
Please be advised that only the timesheet that specifies the work done over a certain period on a particular date/time will allow the system to claim the tariff item when you submit the invoice.
The certificate presents a single summary information that is resolved in docket after a bail hearing and a visit to the client in custody. In this case, you will bill the following:
| Tariff | Description | Hours |
|---|---|---|
| 11.01 | Provincial Court Fee | 2.5 |
| 11.03 | Visiting Client in Custody | 2.0 |
| 11.04 | Bail in Provincial Court | 2.5 |
| 11.07 | Non-trial resolution | 4.0 |
| TOTAL | 11.0 |
If you spend more than 11.0 hours on the file, your timesheet can unlock access to the extra hours Tariff Item 11.19, allowing for up to 5.0 extra hours. For the sake of clarity, this Tariff Item is only available if your time spent on the file exceeds the total amount claimed for all blocks, not any individual block(s). For example, let’s consider your following timesheet:
| Date/time | Work performed | Hours |
|---|---|---|
| May 1, 2023 - Morning | Opened file, called client in custody (message received at 3:00am). | 0.7 |
| May 1, 2023 - Afternoon | Went to remand to work out with client a bail plan for next day. | 1.8 |
| May 1, 2023 - Evening | Called client’s landlord and employer to confirm their employment and residence. | 0.4 |
| May 1, 2023 - Evening | Called client’s mother to check on her as a potential surety and explain her need for independent legal advice. Provided a referral required. | 0.4 |
| May 3, 2023 | Appeared in court in Sherwood Park for a contested bail hearing. Facilitated client’s release. Requested a disclosure and an offer from the Crown. | 2.5 |
| May 22, 2023 | Helped client review the disclosure and the offer. The disclosure was bad, but the offer was good. The client wanted to take the deal. 606ed him | 1.2 |
| May 31, 2023 | Assisted client in a joint submission for probation in Sherwood Park. | 2.0 |
| TOTAL HOURS | 9.0 |
Although you exceed the presumed 2.5 hours in preparation and conduct of the bail hearing, the overall time spent on the entire file is still under the 11.0 hours that the block fees account for. That means extra hours under 11.19 are not available for you.
Having said that, you are still ahead, and will be paid the 11.0 hours that the blocks allow for, despite having only spent 9.0 hours in total working on this file.
Let’s assume that you invoiced these items again:
| Tariff | Description | Hours |
|---|---|---|
| 11.01 | Provincial Court Fee | 2.5 |
| 11.03 | Visiting client in custody | 2.0 |
| 11.04 | Bail in Provincial Court | 2.5 |
| 11.07 | Non-trial resolution | 4.0 |
| TOTAL HOURS | 11.0 |
But let’s make the following assumptions:
The bail hearing calls for more disclosure (for ex. in the form of video). You need to dive into some case law to make coherent sentencing submissions about a new offence under the Criminal Code. With these two assumptions, your timesheet will look like this:
| Date/time | Work performed | Hours |
|---|---|---|
| May 1/2023 – Morning | Opened file, called client in custody (message received at 3:00am). | 0.7 |
| May 1/2023 - Afternoon | Went to remand to work out with client a bail plan for next day. | 1.8 |
| May 1/2023 – Evening | Called client’s landlord and employer to confirm their employment and residence. | 0.4 |
| May 1/2023 – Evening | Called client’s mother to check on her as a potential surety and explain her need for independent legal advice. Provided a referral required. | 0.4 |
| May 3/2023 – Morning | Appeared in court in Sherwood Park for bail hearing but had to wait until the Crown consented after it resolved other matters. Facilitated client’s release. Requested a disclosure and an offer from the Crown. | 2.5 |
| May 22/2023 – Afternoon | Helped the client review disclosure and the offer. Disclosure review involved playing back video a few times to determine if identity would be an issue. The disclosure was bad, but the offer was good. The client wanted to take the deal. 606ed him. | 2.7 |
| May 26/2023 – Afternoon | Researched case law on similar offences regarding sentencing, as this is a new offence. | 2.0 |
| May 31/2023 – Morning | Assisted client in a joint submission for probation in Sherwood Park. | 2.0 |
| TOTAL HOURS | 12.5 |
With the timesheet showing 12.5 hours and the blocks billed accounting for 11.0 hours only, you can now claim 11.19 for 1.5 hours and submit your timesheet.
It is important to note that 11.19 is not a regular block like most of the other tariff items. Once the threshold is met to allow for 11.19 to be billed, you should not simply be billing the maximum number of hours, but only the portion of that maximum, which will bring the number of hours you will be paid for up to the number of hours verified on your timesheet.
