Can I hire a lawyer on contingency for a civil lawsuit in Ontario?

Yes, contingency fee agreements are permitted in Ontario for most civil litigation matters. Under a contingency fee arrangement, the lawyer agrees to handle your case and collect legal fees only if you succeed in obtaining a recovery — either through a settlement or a court judgment. If you lose, you generally owe no lawyer's fees (though you may still be responsible for certain out-of-pocket disbursements).

Contingency fee agreements in Ontario are governed by the Solicitors Act and the Law Society of Ontario's rules. The fee is typically expressed as a percentage of the recovery. The Ontario government has imposed limits and disclosure requirements on contingency fee arrangements, including rules about what percentage can be charged and what the client must be told in writing before signing.

Contingency arrangements are most common in personal injury, disability benefits, and other cases where the plaintiff has suffered a loss that is quantifiable but does not have the funds to pay a lawyer hourly while the case is pending.

Not all cases are suitable for contingency arrangements. A lawyer will assess the merits of your claim and the likely recovery before agreeing to take your case on contingency. Some types of cases — family law disputes and certain regulatory matters — have restrictions on contingency fees. Ask your lawyer to explain the fee structure clearly before you sign any agreement.