A-14 - Act respecting legal aid and the provision of certain other legal services

Section 4.11 Disposition versions

1999-04-01

4.11. In any matter other than a criminal or penal matter, legal aid may be refused or withdrawn, as the case may be, at any stage of the proceedings, where having regard to all the circumstances and from the standpoint of an ordinary advocate and client relationship, the case or remedy does not appear founded because

(1)  the applicant cannot establish the probable existence of his right;

(2)  the case or remedy clearly has very little chance of succeeding;

(3)  the costs involved would be unreasonable in relation to the possible gain or loss for the applicant or recipient, as the case may be, unless the case or remedy threatens his livelihood or ability to provide for his essential needs or those of his family;

(4)  the judgment or decision would probably not be susceptible of execution; or

(5)  the applicant or recipient has, without valid cause, refused a reasonable proposal for settlement of the case.

Moreover, legal aid shall be refused or withdrawn where the services for which legal aid is applied for can be obtained otherwise, particularly through another government service or another body, under an insurance contract or through a union or association, other than a non-profit association for the promotion and preservation of social rights, to which the applicant or recipient, as the case may be, belongs.

1996, c. 23, s. 6.