The risk shifts off you and onto me.
Under a contingency arrangement, my fee is a percentage of what your case recovers, and only if it recovers. Our interests line up: we both want the largest result the claim can produce. Call 647-547-6734 to find out whether your claim qualifies.
How It Works
You pay from the recovery, not out of pocket.
The Agreement
Contingency fees in Ontario are governed by the Solicitors Act and its contingency fee regulation. The agreement is in writing and in a standard form, states the percentage plainly, and explains how disbursements and taxes are handled. You also receive a mandatory consumer guide before you sign.
- No legal fee up front
- Fee is a percentage of the recovery
- Percentage disclosed in writing before you sign
- No recovery means no fee
A Worked Example
A good agreement shows you the numbers before you sign. Illustratively: on a recovery of $100,000, with an agreed fee of 25 percent and $4,000 in disbursements repaid from the proceeds, the fee is $25,000, and you keep $71,000 before applicable tax. The exact percentage depends on your case.
These figures are an example only, not a quote. Your percentage, disbursements, and net recovery are set out in your own written agreement after a review of the claim.
Where It Applies
A good fit for the right claims.
Often available for
- Debt collection and unpaid invoices
- Expropriation compensation claims
- Wrongful dismissal and employment claims
Not available for
Ontario law prohibits contingency fees in criminal and quasi criminal matters and in most family law cases, because those are not measured by a dollar recovery. For criminal defence, fees are handled differently, usually as flat fees, which the fees page explains.
A claim against a defendant who cannot satisfy a judgment is also a poor fit, since there would be nothing to fund the fee. That a case can be taken on contingency is itself a signal about its strength.
Questions
Contingency fees, answered.
What is a contingency fee?
A contingency fee is a legal fee paid only if your case succeeds. Instead of paying by the hour or a retainer up front, you agree that the lawyer will be paid a set percentage of whatever is recovered by settlement or judgment. If there is no recovery, there is no fee. You generally remain responsible for disbursements, the hard out of pocket costs of running the file, though these are often advanced by the firm and repaid from any recovery.
Are contingency fees allowed in Ontario?
Yes. Contingency fee agreements are permitted and regulated under Ontario's Solicitors Act and its contingency fee regulation, which the province modernized in 2021. The agreement must be in writing and in a standard form, must clearly disclose the percentage, and must explain how disbursements and taxes are handled. Clients also receive a mandatory consumer guide before signing.
What percentage does a contingency lawyer charge?
There is no single fixed rate. The percentage reflects the risk, complexity, and likely amount of work in the case, and it is set out plainly in the written agreement. Stronger, simpler recoveries sit at the lower end; cases needing significant investment and expert evidence sit higher. The percentage applies to the recovery, with disbursements handled separately.
Which cases can be taken on contingency?
Civil claims where there is money to recover: debt collection, breach of contract, wrongful dismissal, expropriation compensation, and property or business disputes. Ontario law prohibits contingency fees in criminal and quasi criminal matters and in most family law cases, because those are not measured by a dollar recovery. A claim against a defendant who cannot pay is also a poor fit, because there would be nothing to fund the fee.
What happens to disbursements if I lose?
Disbursements are the case's out of pocket costs, such as court filing fees, process servers, and expert reports. Under a contingency arrangement these are often advanced by the firm and repaid only from a recovery, but the written agreement governs how they are handled in your specific case. In civil litigation you should also understand that a losing party can be ordered to pay a portion of the other side's legal costs, which is separate from your own fee arrangement.
Have a claim but not the cash to fight it?
Let us find out whether your case can be taken on contingency. The first consultation is free and confidential.