How much does an employment lawyer cost in Ontario, and what is a contingency fee?
It depends on your matter and how the lawyer charges. Employment lawyers in Ontario usually bill by the hour, by a flat fee, or by contingency fee, which means a percentage of what you recover. Some wrongful dismissal and human rights matters can be handled on contingency where appropriate.
Why does cost stop people from calling?
Because the timing is awful. You've lost your job or you're being pushed out, your income is uncertain, and the idea of adding a legal bill feels impossible. Some people wait until the offer deadline has almost passed. Some sign because it feels like the only thing they can afford to do.
I understand that, and I'd rather you ask about cost than skip the call. Knowing how fees work is part of making a good decision, not something to be embarrassed about.
How do lawyers usually charge?
Hourly billing means you pay for the time spent on your matter. A good lawyer can explain what the work involves and give you a realistic sense of the total.
A flat fee is one agreed amount for a defined task, like reviewing a severance offer and explaining it. A retainer is money paid upfront that the lawyer bills against as work is done, and it's set out in a retainer agreement.
A contingency fee works differently. The lawyer is paid a percentage of what you recover, so if there's no recovery, there's no legal fee.
What does contingency really mean?
It means the fee depends on the outcome, and it can make legal help reachable for someone who can't pay upfront. In Ontario, a contingency fee agreement has to be in writing, and the percentage is agreed before work starts. It should be explained in plain language, including what happens if you settle early and what happens if you recover nothing.
It doesn't mean free. The fee comes out of what you recover, so the percentage matters. And depending on the agreement, you may still be responsible for out-of-pocket costs called disbursements, like filing fees or expert reports. Ask about those directly.
There's also a quieter point. A lawyer who offers contingency has made a judgment that your matter has a realistic path to recovery. That judgment can only come from looking at the facts. A lawyer who agrees before reviewing what happened is guessing, and you should be careful with that.
What happens to legal costs if you lose?
That depends on where the claim is heard. In court, the losing side can be ordered to pay part of the other side's legal costs. At the Human Rights Tribunal of Ontario, parties generally pay their own costs. Your lawyer should walk you through this before you decide how to proceed, because it changes how risky a given route is.
Can your employer pay your legal fees?
Some employers contribute toward legal fees as part of a severance package, usually for reviewing the release. It's worth asking. The worst answer is no.
What should you ask any lawyer about fees?
How will you bill me, and why that way? What is the rate or percentage, in writing? What costs besides your fee could I be responsible for? Who will work on my matter? What happens if I settle early, or if I want to stop? A lawyer who gives you clear answers to those is showing you how they'll communicate during your matter too.
How does Infinity Legal handle it?
Your first consultation is free. After that, the arrangement depends on the matter. Employment and human rights matters may be handled on contingency where appropriate, and some matters are billed hourly. You'll get the arrangement in writing before any work starts, and we'll explain it until you understand what you're agreeing to.
When determining whether a case is suitable for a contingency fee arrangement, I consider several factors, including the strength of the evidence, the likelihood of success, the potential compensation available, and the time and resources required to pursue the claim. At Infinity Legal, my goal is to ensure that any fee arrangement is fair, transparent, and makes financial sense for the client, while providing a realistic assessment of the risks and potential outcomes.
If you're not sure what your matter would cost, tell us what happened. We'll listen, explain your options, and tell you how fees would work before you decide anything.
This post is general information for Ontario employees. It isn't legal advice about your situation.
