Contingency Fee
CONTINGENCY FEE ESTATES DISPUTES & ESTATES CONTINGENCY FEE Contingency Arrangements in Estate Law in Ontario
What is a contingency fee?
Bobila Walker Law may agree to handle a case on a contingency fee basis, depending on the details of the case. With a contingency fee arrangement, the client only pays if the lawyer successfully recovers funds on their behalf. If there is no financial recovery, the client owes no fees. However, if the case results in a settlement or judgment, the lawyer will receive a percentage of the total amount awarded. The percentage of the fee can vary depending on factors such as the type of case, when it is resolved, and whether post-trial actions, like an appeal or collections, are involved. When Bobila Walker Law takes on a case on a contingency fee basis, we assume all the financial risk of litigation, meaning the client has no upfront costs or financial obligation.
We offer these fee arrangements in cases where the amount of money at stake is significant, and the case appears strong enough for us to assume the litigation risk.
However, in situations where there are few or no medical or financial documents available to properly assess the strength or value of the case, we may need to begin working on an hourly rate basis to gather the necessary documents. Once we have the required information, we can then transition the matter into a contingency fee arrangement.
Contingency fee agreements are regulated by the Law Society of Ontario (LSO), which requires the use of its official form. A sample of this form can be found here.
The relevant LSO bylaw regarding contingency fee agreements is available at the following link: LSO Bylaw – Contingency Fee Agreement
Key provisions include
A solicitor representing a claimant under a contingency fee agreement may not recover more in fees than the amount the client receives from an award or settlement, including any costs, but excluding disbursements and taxes.
If the contingency fee is based on a percentage of the recovery, the agreement must exclude any amount specified for disbursements that a court permits or would allow to be recovered from the opposing party.
It is essential that clients also read the LSO “What you need to know” fact sheet found here.
What types of cases does Bobila Walker Law take on a contingency fee?
First, our firm is very selective which cases to take on using a contingency fee retainer.
We may consider accepting cases on a contingency fee basis when our client has experienced a financial loss. These cases often involve situations where a client has been wrongfully removed from a decedent’s estate planning documents, such as wills or trusts. This can include claims that the estate planning documents are invalid due to undue influence or because they were signed when the testator lacked the mental capacity to do so.
We may also take on cases where a beneficiary of a trust or estate has been wrongfully denied distributions that they were entitled to receive, often due to the mismanagement of a trustee or personal representative. These cases typically involve allegations that the trustee or personal representative breached their fiduciary duty. Additionally, contingency fee cases may include instances where documents, such as checks or beneficiary designation forms, have been forged, or where a power of attorney has been misused. Our office does not generally accept contingency fee retainers and takes on contingency cases in very unique circumstances.
Contingency fees are not suitable for all cases. For example, matters involving guardianship or power of attorney typically focus on the care and well-being of an individual rather than asset recovery. In such cases, hourly rates are generally the only feasible option.
Contingency Fee vs Fixed Fee Retainer
Where appropriate, we use two main approaches to setting fees: a percentage of recovery (typically ranging from 10-30%, depending on the case and when it’s resolved) and a fixed fee structure.
Under both methods, the fee we receive increases in proportion to the time and effort required to handle the dispute.
Our fixed fee structure outlines a series of increasing amounts based on the duration and stage of the dispute. For example, we have specific fixed fees for resolving matters before pleadings (such as through demand letters), after litigation begins or at mediation, or if a contested court hearing is necessary. These amounts are based on our experience of the typical costs associated with resolving similar cases at each stage.
In all instances, our clients know exactly what the fees will be, as they are clearly outlined in the Contingency Fee Agreement, which the client signs.
This transparency helps clients evaluate their options and make informed decisions about settlement. An important factor in both our percentage of recovery and fixed fee arrangements is how any costs award is treated when determining the total recovery and the amount we are paid.
Cost of Estate Litigation
Estate litigation can be quite expensive. Why is that the case? Effective litigation requires a detailed analysis of all aspects of the case, followed by expert judgment to narrow the focus to the most important issues and facts. This process demands significant time, effort, and skill, as well as careful decision-making. Additionally, the emotional and financial stakes are often high. In general, the best outcomes in estate litigation are achieved when experienced attorneys, well-versed in both estate law and litigation, handle the case. This expertise comes at a cost, as high hourly rates and a large number of hours can lead to substantial fees.
That said, skilled legal counsel can also make the process more cost-efficient. They do this by selecting the right claims, pursuing them in the appropriate court, and framing the case effectively. By focusing on the most relevant arguments and evidence, streamlining discovery, and making strategic use of court hearings and settlement negotiations, they can keep costs down. Clients can also help by actively participating in the fact-finding process, compiling documents, and staying focused on the key issues rather than becoming distracted by unrelated matters.
One of the major advantages of working with experienced estate litigation attorneys is that they often resolve cases more quickly than less experienced lawyers. While results can never be guaranteed, particularly since much depends on the opposing party’s actions, skilled counsel can often help clients achieve better outcomes—more funds after legal fees, less stress, and a faster resolution.
Please call our office at 416-847-1859 or Email info@bobilawalkerlaw.com
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our Team
DANIEL
WALKER
MANAGING PARTNER
Daniel Walker is the Managing Partner of Bobila Walker Law and a seasoned litigator whose practice focuses on complex estate, civil, and family disputes. With a reputation for navigating high-stakes matters involving fiduciary breaches, multi-jurisdictional assets, and intricate legal frameworks, Daniel combines legal precision with strategic insight across several intersecting practice areas.
Estate, Trusts & Fiduciary Litigation
Daniel’s principal area of expertise lies in wills, trusts, and estate litigation. He has extensive experience litigating matters involving:
- Contested will challenges
- Breaches of fiduciary duty and trust
- Power of attorney disputes
- Guardianship and capacity litigation
- Dependant’s relief claims under the Succession Law Reform Act
- Complex intestacies
- Trust rectification and variation applications
He also routinely acts as an estate trustee or executor on behalf of domestic and international clients and serves as Power of Attorney for Property and Personal Care.
Passing of Accounts (Contentious & Non-Contentious)
Daniel advises beneficiaries and fiduciaries on passing of accounts applications, with a focus on tracing assets, scrutinizing expenditures, and litigating claims of misappropriation or negligent administration.
Complex Family Law & Cross-Border Litigation
Daniel brings unique expertise to family law disputes:
- High-value family litigation involving international property, hidden assets, and jurisdictional disputes between Canada and Europe.
- Advises clients through every phase of separation, divorce and related disputes.
- Handles contested and collaborative matters alike, including division of family property (from personal assets to complex business interests), child-custody and support issues under the Federal Child Support Guidelines, and spousal maintenance.
- Enforcement of prenuptial, postnuptial and cohabitation agreements, represents clients in mediations, arbitrations and trials, and manages post-judgment enforcement or variation applications to ensure court orders remain fair as circumstances change.
German-Speaking Legal Services
Fluent in German, Daniel frequently advises clients on civil litigation, probate, and estate matters with ties to German-speaking jurisdictions. He also speaks Serbian, Croatian, and Bosnian, and is equipped to manage cross-border mandates involving multiple legal systems.
Professional Background
Prior to entering private practice, Daniel served as a Senior Policy Advisor at the Department of Foreign Affairs and International Trade (DFAIT) in Ottawa. During law school, he worked with:
- The in-house legal team at Rogers Communications
- The Office of the Privacy Commissioner of Canada
Daniel regularly appears before the Ontario Superior Court of Justice, including the Estates List and Commercial List.
Guardianship and Power of Attorney Disputes
Daniel Walker is a trusted Ontario litigator whose practice is devoted to adult guardianship and capacity law. Drawing on extensive courtroom experience and a deep understanding of the Substitute Decisions Act, he guides families and individuals through the complexities of contested guardianship applications with clarity, compassion and precision. Whether an urgent interim order is required to secure a vulnerable adult’s property or comprehensive preparations must be made for a full hearing, Daniel navigates every procedural step and ensures his clients know what to expect at each stage.
Estates Administration
Drawing on deep expertise in the Estates Administration Act and the Estates Act, he oversees probate applications, ensures timely compliance with statutory obligations and protects fiduciaries from personal liability. Recognizing that even straightforward estates can give rise to contested issues—whether challenges to joint-account strategies, claims under Pecore v. Pecore or disputes over executor conduct—Daniel provides proactive counsel to prevent costly delays and litigation.
Beyond routine administration, Daniel advises on the management of high-value and complex estates and trusts, including investment oversight, cross-border transfers and the settlement of debts prior to distribution. He drafts and negotiates mediation agreements in mandatory estate-dispute mediations, handles fiduciary accounting and, where necessary, advocates for clients in contested proceedings. With a focus on preserving estate value and safeguarding trustee and executor interests, Daniel delivers dependable legal counsel tailored to each client’s unique situation.
Civil and Commercial Litigation
Daniel Walker is a seasoned civil and commercial litigator who advocates for individuals, corporations and partnerships in complex business disputes. Drawing on a thorough command of Ontario’s Rules of Civil Procedure and decades of courtroom experience, he guides clients through high-stakes shareholder oppression and partnership breakdown claims, negotiates and litigates breaches of contract and other commercial obligations, and resolves contentious real-estate and property-ownership disputes. Whether you face allegations of defamation that threaten your reputation or professional-negligence claims that endanger your practice, Daniel marshals tailored strategies—combining vigorous trial advocacy with pragmatic settlement negotiations—to protect your interests and achieve commercially sensible outcomes. From case inception through appeal, he manages every procedural step, coordinates expert evidence, and provides clear advice so that you always understand your options and the likely path forward.
Elder Abuse & Elder Law
With extensive experience under the Substitute Decisions Act and related legislation, Daniel Walker combines proactive planning—drafting carefully tailored powers of attorney and guardianship applications—with decisive legal action to secure urgent relief where seniors’ safety or assets are at risk.
Whether you’re concerned about unexplained injuries, unauthorized financial transactions or signs of neglect in a care facility, Daniel provides clear, compassionate guidance every step of the way, coordinating with medical and financial experts to investigate allegations, freeze suspect transactions and restore decision-making authority to the vulnerable adult. His priority is ensuring that every client and family he serves obtains prompt, practical protection and peace of mind.
Whistleblower Protection & Crisis Management
Daniel provides legal support to whistleblowers, professionals, and institutions navigating:
- Professional discipline proceedings
- Matters of national security and confidentiality
- Public sector accountability under the Freedom of Information and Protection of Privacy Act (FIPPA)
- International immunity and state actor litigation
With deep experience handling workplace-related and service-related human rights disputes, Daniel guides clients through every stage of the process: from initial fact-gathering and document preparation to mediation, Tribunal hearings and, if necessary, appeals. He pursues remedies ranging from financial compensation and reinstatement to public-interest orders requiring systemic policy changes. By blending pragmatic risk management with rigorous advocacy, Daniel ensures that his clients remain compliant with Canada’s shifting human rights landscape and that those who suffer discrimination obtain prompt, effective redress.
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