Nicole and Raymond have been living together for several years. Raymond works at the village hotel as a waiter. Nicole occasionally babysits. They have a combined annual gross income of $45,000. They have only one child. They own a family home worth $110,000, which is fully paid off. They have $6,000 in their joint bank account.
It is important to remember that there are two ways to qualify for legal aid: at no cost or in return for the payment of a maximum contribution of $800.
To obtain free legal aid, Nicole and Raymond must satisfy the following three conditions:
1- Scale of annual (gross) income:Gross income must not exceed the following amount forSpouses with one child: $43,200
2- Scale of property owned:The value of property owned must not exceed$90,000, if the residence is owned$47,500, if the residence is not owned
3- Scale of liquidities:The value of liquidities must not exceed$5,000 for a family$2,500 for a single person
---------------------------------------------------------------------------------------------Even though the financial situation of Nicole and Raymond exceeds the three scales mentioned above (income, property, and liquidities they may nevertheless be eligible for legal aid in return for the payment of a contribution.
The following is the calculation method that applies. First, we must determine which class of applicant Nicole and Raymond fall into. The Regulation respecting legal aid states that there are six classes of applicants. Nicole and Raymond fall into the class of a family composed of spouses with no children.
The following amounts must then be added to the amounts provided for in the scales mentioned above:
100 % of the excess income
10 % of the excess property
100 % of the excess liquidities
The total amount represents the deemed income used to determine whether Nicole and Raymond are eligible for legal aid in return for the payment of a maximum contribution.
Here are the detailed calculations:
Scale (free legal aid)Spouses with one child $43,220
100% of the excess income($45,000 - $43,220) $1,780
10% of the excess property($110,000 - $90,000) $2,000
100% of the excess liquidities($6,000 - $5,000) $1,000
Deemed income $48,000
The legal aid scale below (which is also found on the Web site of the Commission des services juridiques) indicates that Nicole and Raymond are eligible for legal aid in return for a maximum contribution of $300.*
Family composed of spouses with no children
Income Contribution level
$43,221 to $45,363 $100
$45,364 to $47,506 $200
$47,507 to $49,649 $300
$49,650 to $51,792 $400
$51,793 to $53,935 $500
$53,936 to $56 078 $600
$56,079 to $58 221 $700
$58,222 to $60 365 $800
Don’t hesitate to have your eligibility for legal aid evaluated by making an appointment at a legal aid office near you. You can also check your eligibility online at this link .
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To find the contact information for your legal aid office, please click on the following link www.csj.qc.ca.
* The director general can, under certain conditions, agree that the contribution will be paid in several instalments. The total period for such instalments cannot exceed 6 months.