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Issue 55 | January 2019


This newsletter includes information to help lawyers reduce the likelihood of being sued for malpractice. The material presented is not intended to establish, report, or create the standard of care for lawyers. The articles do not represent a complete analysis of the topics presented, and readers should conduct their own appropriate legal research.
Disagree to disagree: Contingency fee agreements

A 2017 decision from the Ontario Court of Appeal (Hodge v. Neinstein, 2017 ONCA 494) upheld a Divisional Court ruling that certified a class action lawsuit against personal injury law firm, alleging that the firm’s contingency fee agreement with clients did not comply with the province’s Solicitors Act.

You should review your contingency fee agreements to ensure that both your agreement and methodology in this area comply with all applicable rules and legislation, beginning with:

See also: