How Our Fees Work
The consultation is free and injury work is done on contingency, which means there is no fee unless we win. This page sets out what that actually means, including the parts most firms leave out.
You pay nothing to find out where you stand
The first conversation costs nothing and commits you to nothing. If we think you do not have a claim, we will tell you that, and you will not get a bill for hearing it.
We do home and hospital visits across Ontario, so a first meeting does not depend on you being able to travel.
What contingency means
A contingency fee is a percentage of what we recover for you, paid only if we recover something. If the claim fails, you owe us no fee.
Our fee is set by the case rather than fixed at a single number, and the percentage is written into the standard form agreement you read before you sign anything.
Under a contingency fee agreement the lawyer's fee cannot be more than what the client recovers by award or settlement, counting any costs the client is awarded but leaving out disbursements and taxes. O. Reg. 563/20, s. 1.
What comes out of a settlement
Three things are accounted for when a claim resolves: our fee, the disbursements, and HST. You see all of them itemised before anything is paid out.
Disbursements are the out-of-pocket costs of building a case, such as medical records, expert reports and court filing fees. They are accounted for separately from the fee, and HST applies.
We advance the disbursements as the case runs, so building the file is never held up by what you can afford at the time.
What happens if we lose
You owe us no fee. That is the whole point of contingency and it is not conditional on anything.
Costs are the separate question, and any lawyer who does not raise it with you is not being straight. In Ontario an unsuccessful party can be ordered to pay a portion of the other side's legal costs. We will explain how that risk applies to your case, and what can be done about it, before you sign anything.
What Ontario law requires
A percentage-based contingency fee agreement in Ontario must use the standard form the Law Society publishes, so the fee terms are set out the same way from firm to firm. A small number of agreements are exempt, including those with large organisations and those approved by a court. In force 2021-07-01. Solicitors Act, R.S.O. 1990, c. S.15; O. Reg. 563/20, s. 7 (1).
Contingency fees are not permitted in criminal, quasi-criminal or family law matters in Ontario. They are used in personal injury work. Solicitors Act, R.S.O. 1990, c. S.15, s. 28.1 (3).
Questions worth asking any injury lawyer
What is your percentage, and does it change depending on how far the case goes? Who pays the disbursements while the case runs, and what happens to them if we lose? Will I be dealing with you or with a file clerk? What is your honest estimate of what this claim is worth and how long it will take?
You are entitled to plain answers to all four before you sign. If they are not forthcoming, that is your answer.
Questions we get every week
No. The consultation is free and injury work is done on contingency, so there is no fee unless we win. We also advance the cost of building the case.
The fee is set out in a standard form agreement prescribed by the Law Society, and you should read it before signing. Ask about the number and about whether it changes with the stage the case reaches.
The out-of-pocket costs of building the case: medical records, expert reports, filing fees. They are accounted for separately from the fee and HST applies.
Under Ontario's contingency fee rules the fee cannot exceed the amount the client receives, leaving costs and disbursements aside.
You are entitled to change lawyers. There are usually accounts to settle between the firms rather than by you personally, and we will explain how that works in your case before anything moves.
Your fight becomes ours the day you call us.
Consultations are free and there is no obligation. If we take the case you pay nothing unless we win, and if we think you do not have a claim we will tell you that too.
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