Darrel N. Hotz

A motion hearing regarding the respondent mother's legal aid certificate in a child protection proceeding.

The respondent mother's lawyer was removed as counsel of record in February 2012 due to a breakdown in the solicitor-client relationship, six months before the scheduled trial.

Legal Aid Ontario refused the mother's request for a new lawyer, citing that a breakdown in the lawyer-client relationship is not sufficient grounds for a change of counsel.

The court found that the respondent mother has a constitutional right to counsel and that all four criteria from New Brunswick v. J.G. appear to be satisfied.

The matter was adjourned to allow Legal Aid Ontario and the Attorney General of Ontario to make submissions on whether the court should appoint publicly funded counsel.

This trial concerns the amount of retroactive child support owed by the father for the period between April 2007 and September 2010.

The parties have two children together.

The father sought to offset arrears of $16,419.53 by claiming travel expenses for access ($20,492.78), special and extraordinary expenses ($4,763.32), and loans advanced to the mother ($12,285.26).

The court found that while the father incurred legitimate access costs and advanced funds for a vehicle purchase, not all claimed offsets were appropriate.

The court exercised its discretion to reduce the arrears to $5,000.00, considering the father's financial capacity, his support of two households and six children, and the mother's ability to contribute to her children's support.