Constitutional challenge to legislation (Superior Court application)
An application seeking a declaration that a law or regulation violates the Constitution or the Charter.
What is included
- Checks the special notice rules and procedures for claims against the Crown or public bodies
- Gathers records, including through access to information requests where useful
- Drafts and serves any required notice and the statement of claim
- Raises Charter or constitutional arguments where the facts support them
- Represents you through the court process
What is not included
- Court fees, transcripts, reports from accountants or other professionals, and other disbursements
- Any costs a court orders you to pay the other side
- An appeal or steps to enforce a judgment, unless the lawyer agrees to them in writing
- Work by NEO Legal Services: NEO is a paralegal firm and only makes the referral
Who this service is for
- People harmed by a government decision or official
- People alleging wrongful arrest or police misconduct
- People or groups challenging a law under the Charter
Information to have ready
- 1Dates, places and names of the officials or officers involved
- 2Any charges, records or decisions from the government body
- 3Photos, medical records or other evidence of harm
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
Lawyers usually charge $450–$950/hr for this kind of work, by the hour. The lawyer quotes the actual rate and an estimate. You pay the lawyer directly; the referral itself costs you nothing.
What is the difference between Small Claims Court and the Superior Court?
Small Claims Court hears money claims up to $50,000 with simpler procedures. Larger claims, injunctions and many other remedies go to the Superior Court of Justice.
Can I be ordered to pay the other side's legal costs?
Yes. In the Superior Court the successful party is often awarded part of its legal costs. The lawyer explains how offers to settle can affect costs.
Is mediation required?
Under the current rules, mandatory mediation applies to most civil actions in Toronto, Ottawa and Windsor, and mediation is often worth considering elsewhere. Ontario's civil court rules are being reformed, so the lawyer confirms which steps apply to your case.
Can a lawyer help with only part of my case?
Some lawyers offer limited scope help, such as drafting a pleading or arguing one motion. The lawyer confirms in writing which parts they will do.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed; the court decides contested issues
- You may have to pay part of the other side's costs if you are unsuccessful
- Limitation periods and court deadlines keep running while you choose a lawyer
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