Legal Blog

Contingency Agreement

Leduc v. O’Brien Estate 2026 Ont CA

Client settled a medical‑negligence action for a substantial sum. Lawyers sought approval of fees under a contingency fee agreement. The motion judge approved the settlement, but reduced the fee after finding the agreement unfair when made. The lawyers’ appealed, arguing the agreement was understood and voluntarily entered into. The Court of Appeal held that the agreement was unfair when made because the clients were vulnerable and the agreement did not comply with the contingency rules under the Solicitor’s Act.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.