Free Tool for Canadian Lawyers
Contingency Fee Calculator — Canada
Calculate your contingency fee, HST, disbursements, and the client's net recovery from any settlement or judgment. Covers Ontario Regulation 195/04 caps and other provincial rules.
Calculate my contingency feeWhat this tool does
- ✓Calculates lawyer fee, HST, disbursements, and net client recovery in one step
- ✓Applies Ontario Regulation 195/04 caps for personal injury matters automatically
- ✓Supports Ontario (13% HST), BC (5% GST), Alberta (5% GST), Quebec (5% GST + QST)
- ✓Handles pre-trial, on-eve-of-trial, and post-trial fee schedules
How to use this tool
- 1
Enter the settlement or judgment amount
Enter the gross settlement or judgment before any deductions. For structured settlements, use the present value or lump-sum equivalent.
- 2
Enter your contingency fee percentage
Enter the percentage agreed with your client. For Ontario personal injury matters, Regulation 195/04 caps apply: 15% pre-trial, 25% on-eve-of-trial, 30% post-trial.
- 3
Enter total disbursements
Enter all disbursements and out-of-pocket expenses you are entitled to recover — expert fees, filing fees, court reporter fees, etc.
- 4
Select jurisdiction for tax
Select the province to apply the correct HST/GST rate. Legal services are taxable in Ontario (13% HST), BC (5% GST), Alberta (5% GST), and Quebec (5% GST + 9.975% QST).
Ontario Regulation 195/04 fee caps
Ontario is the only province with statutory contingency fee caps for personal injury matters.
| Stage of Proceedings | Maximum % (Ontario PI) |
|---|---|
| Settled before examination for discovery | 15% |
| Settled after discovery, before trial | 25% |
| Resolved at or after commencement of trial | 30% |
Source: Ontario Regulation 195/04, Solicitors Act, R.S.O. 1990, c. S.15. Caps apply to personal injury, property damage, and accident benefit claims. They do not apply to commercial litigation, class actions, or other matter types.
Frequently asked questions
What is a contingency fee agreement in Canada?
A contingency fee agreement (CFA) is a retainer where the lawyer's fee is a percentage of the amount recovered for the client. If the client does not recover, the lawyer does not charge a fee (though disbursements may still be owed). CFAs must be in writing and signed by the client.
Are contingency fees capped in Ontario?
Yes. Ontario Regulation 195/04 (under the Solicitors Act) sets maximum contingency fee percentages for personal injury, property damage, and accident claims: 15% if settled before discovery, 25% if settled on-eve-of-trial, and 30% if the matter goes to trial or is settled after trial commences. These caps do not apply to commercial litigation.
Is HST charged on contingency fees in Ontario?
Yes. Legal services are a taxable supply under the Excise Tax Act. In Ontario, HST at 13% is charged on the lawyer's fee portion. HST is not charged on the client's share of the recovery or on third-party disbursements that are mere disbursements (passed through without markup).
How are disbursements handled in Ontario contingency fee cases?
Disbursements are typically recovered in addition to the contingency fee. The lawyer is entitled to reimbursement of all reasonable disbursements incurred in the matter, even if the fee itself is capped. Large disbursements (e.g. expert witnesses) should be approved by the client in advance.
Can contingency fees be charged in family law cases in Canada?
Generally no. Ontario's Law Society Rules of Professional Conduct prohibit contingency fee agreements in family law matters involving support, property, or parenting issues. BC and Alberta have similar restrictions. Quebec law also restricts percentage agreements in family matters.
What is the difference between a contingency fee and a success fee?
A contingency fee is a percentage of the total recovery, typically covering both the base work and the risk premium. A success fee (common in the UK) is an uplift on the standard hourly rate charged only on success. Canadian lawyers primarily use contingency fee structures for plaintiff-side personal injury and class action work.
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