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Think your lawyer's bill is too high? Here's how to challenge it in Ontario

Think your lawyer's bill is too high? In Ontario, a Superior Court assessment officer can review it. Apply within one month of getting the bill. The client's court fee is $105. The Law Society can't reduce bills, only deal with conduct.

Topics: Public safety

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General information, not legal advice.

A legal bill can feel final. It isn't. Ontario law gives every client a way to have a lawyer's account checked by a neutral court official, and the Law Society of Ontario deals with complaints about how lawyers behave. The catch is that the clock starts as soon as you get the bill.

1. Get a proper bill first

Under Ontario's Solicitors Act, a lawyer has to deliver a signed bill before suing a client for fees, and has to wait one month after delivering it to do that (s. 2(1)). The bill can show the fees as one lump sum, but it must describe the services reasonably and list the disbursements in detail (s. 2(3)). During an assessment, the officer can order more detail (s. 2(3)).

The Law Society says that if you haven't received a bill, you should ask for one, and that it may be able to help if you can't get one.

Tip: Ask in writing for a breakdown showing the date of each task, who did it, how long it took and the rate charged. You'll need that detail if you go to assessment.

2. Talk to the lawyer

The Law Society's first suggestion is to talk to your lawyer. Explain which charges you think are too high and why. Some lawyers will reduce the account.

3. Ask the court to "assess" the bill

If talking doesn't settle it, you can apply to have the bill reviewed by an Assessment Officer of the Superior Court of Justice. This process is called an assessment.

Where to apply: If the retainer isn't disputed, a client can get an order for assessment by filing a requisition with the local registrar of the Superior Court of Justice (s. 3). You can also get an order requiring the lawyer to deliver a bill and have it assessed (s. 3(a)). Once that order is served, the lawyer has 14 days to deliver the bill (s. 6(1)). Ontario's court forms site lists the client's forms: Requisition for Assessment (RR0288), Order for Assessment (RR0279) and Notice of Appointment for Assessment (RR0334). In Windsor, the Superior Court office is at the courthouse at 245 Windsor Ave. Court offices are open weekdays from 8:30 a.m. to 5 p.m., and counter service runs from 9 to 11 a.m. and 2 to 4 p.m. The civil line is 519-973-6620. Outside Toronto, you can also file online through Ontario's Civil Submissions Online portal with an Ontario.ca login. Court staff review submissions within three business days. Don't file online if a deadline is three business days or fewer away.

Time limits:

Within one month of getting the bill, you can apply by requisition (s. 3(b)).

After one month, the Law Society says you'll need a judge's permission.

After 12 months, or after a judgment, the court won't send the bill to assessment except in "special circumstances" (s. 4(1)).

Already paid? Paying the bill doesn't automatically rule out an assessment if special circumstances call for one (s. 11).

Contingency fees: For most contingency fee agreements, the client can apply within 30 days of getting the bill or within one year of paying it (s. 28.1(11)(a)).

What the officer looks at: Every payment you've made is credited. If you overpaid, the lawyer must refund the difference (s. 6(2)). You're also entitled to interest on the overpayment from the date you paid (s. 33(2)). The officer can disallow interest the lawyer charged, or change the rate (s. 33(4)). For documents, the officer weighs "the skill, labour and responsibility involved," not the length (s. 14).

While it's under review: The lawyer can't sue you over the matters being assessed without the court's permission (s. 6(4)).

Costs: Under O. Reg. 293/92, the court fee for an order on requisition to assess a bill is $105 if the client gets it ($194 if the lawyer does). A notice of appointment for assessment costs $138. These are the fees in force as of October 2026, and the regulation sets them to rise with inflation starting Jan. 1, 2027. If you can't afford court fees, you can ask for a fee waiver. The officer decides who pays the costs of the assessment itself, and that decision can be appealed (s. 6(3)). If you skip the hearing after being properly notified, the officer can assess the bill without you (s. 5).

Result: Unless it's set aside or changed, the officer's decision is "final and conclusive" on the amount (s. 13). To oppose confirmation of the officer's certificate, you bring a motion to a Superior Court judge (s. 6(9)).

Disputed retainer: If you disagree about whether you hired the lawyer at all, or on what terms, a judge decides that first. An Assessment Officer can't (Ontario court assessment office Q&A).

Written fee agreements: A court can reduce or cancel an agreement it finds isn't "fair and reasonable" (ss. 19, 24). After the agreed amount is paid, it can be reopened in special circumstances (s. 25).

4. The Law Society of Ontario: what it can and can't do

It can't: The Law Society says it "does not set fees for legal services and cannot reduce a lawyer or paralegal bill that you think is too high." It will point fee disputes to the Assessment Office.

It can: It looks into complaints about a lawyer's conduct, such as poor service, unprofessional behaviour or dishonesty. If you lost money because a lawyer was dishonest, you may be able to apply to its Compensation Fund. For possible crimes, it suggests going to police.

Paralegals are different: If you can't settle a fee dispute with a paralegal, the Law Society points you to Small Claims Court, which handles claims of up to $50,000.

5. Practical tips

Mark the date you got the bill. The one-month and 12-month deadlines run from that day.

Put everything in writing, and keep copies of your retainer agreement, emails, invoices and receipts.

Ask for an itemized account early.

Use the right process for the problem. Assessment deals with the amount of the bill. The Law Society deals with conduct. You can use both.

Get help if you need it. Steps to Justice (stepstojustice.ca) offers free plain-language guides, and the Law Society Referral Service (findlegalhelp.ca) can match Ontario residents with a lawyer or paralegal for a free consultation of up to 30 minutes. The consultation is to understand your rights and options, not free legal work. The service doesn't give second referrals for the same legal issue.

Stay calm and stick to facts. Assessment officers look at the work that was done, not at anger.

The system is built to let ordinary clients check the numbers. Use it, and don't let the deadline pass.

Sources

  1. Solicitors Act, R.S.O. 1990, c. S.15 (e-Laws, primary)
  2. Law Society of Ontario, "Complaints about legal fees" (primary)
  3. Law Society of Ontario, "The complaints process" (primary)
  4. Ontario Ministry of the Attorney General, Ottawa Assessment Court Office, "Solicitor & Client Assessments Q&A" (Jan 2023)
  5. O. Reg. 293/92 (court fees)
  6. Ontario Court Forms, Solicitors Act assessment forms
  7. ontario.ca, File civil documents online
  8. ontario.ca, Windsor Courthouse
  9. LSO, Law Society Referral Service
  10. Steps to Justice (CLEO), "How do I complain about my lawyer's bill?"

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