Effective July 1, 2021, for cases that are resolved prior to a trial or hearing, legal fees will be charged on a Contingency Fee basis where the maximum fee will not exceed 30% of the damages and cost portion of the settlement or award.
In certain cases, I may include in the Contingency Fee Agreement, a staged or graduated contingency fee, where the percentage that I charge changes, depending on the stage at which the matter is resolved, but in any event, the maximum fee will not exceed 40% for a trial or hearing.
In exceptional cases, I may ask, in the Contingency Fee Agreement, for the right to choose between the contingency fee or the costs awarded, plus in some cases, an additional amount for a trial or a hearing. I set the contingency fee percentage based on a review of the case. If the case is straightforward and is likely to settle prior to a trial or hearing, the percentage may be lower. If the case is complex and I am taking on significant financial risk, because the case may not succeed, I may set the percentage of the contingency higher.
Generally, the main factors I consider in determining the contingency fee percentage, is how much time I estimate I will have to spend on the file; the risk that the case may be lost and how much money I think the client might receive as a settlement or award.
For more information on Contingency Fees please refer to the Law Society of Ontario guide Contingency Fees: What you need to know.