If you are representing yourself in the Toronto Small Claims Court because you can’t afford a lawyer you may be entitled to use the services of the Toronto Courthouse duty counsel. The Duty Counsel is made up of volunteer lawyers who offer a wide range of free legal services to the general public.
Duty Counsel services range from assistance with your case in terms of informing you about the rules of the Small Claims Court, detecting legal matters pertinent to your case, providing answers to legal questions and being present at your trial, although this is at the sole decision of the lawyer you speak to.
The free legal aid service at Toronto Small Claims Court is offered as a walk in service at the Toronto Courthouse; it is not possible to book an appointment in advance and your legal session will be limited to 30 minutes. You should also bear in mind that the lawyer who advises you does not automatically become the lawyer representing your case; should you go back to the Toronto Small Claims Court for free legal advice you will have to see the lawyer on duty at the time.
Qualifying for Free Legal Advice from Toronto Courthouse Duty Counsel
Only private individuals can receive legal advice from the Toronto Small Claims Court Duty Counsel. You must also meet certain financial criteria; if you are reliant on government benefit programmes or your total household income falls within these brackets you will qualify for free legal advice:
- If you live alone and your income is no more than $36,000 a year
- If you live with your partner and your joint income is no more than $54,000 a year
- If there are three people in your household and your combined income is no more than $61,992 a year
- If there are four people in your household and your combined income is no more than $73,992 a year
You cannot use the services of the Duty Counsel if there is a conflict of interest and they or the law firm they work for are representing the other party in your small claim. This will be confirmed when you apply to for assistance.
In addition to the Toronto Small Claims Court free legal advice, you may not have to pay the Small Claims Court fees. Under the Small Claims Court Fee Waiver programme, you will not have to pay for your Small Claims Court costs. To apply for the fee waiver programme you must fill out one of the relevant forms and hand them in at the Toronto Courthouse.