How to challenge a lawyer's bill in Canada: assessment, review and Quebec conciliation

If you think a lawyer's bill is too high, every province gives you a formal route to have it checked by someone independent, and the deadlines are short. In Ontario, a client can have a delivered bill assessed by an assessment officer of the Superior Court of Justice under the Solicitors Act; within one month of delivery the order can be obtained on requisition, after that a court order is generally needed, and after twelve months only in special circumstances. In British Columbia and Alberta, the equivalent is a review of the account by a court registrar or review officer. In Quebec, the Barreau du Québec runs a free conciliation procedure that should generally be requested within 45 days of receiving the bill, followed if needed by arbitration. Law societies themselves handle conduct complaints, not the amount of a fee.

This guide is part of the costly mistakes guide. It is general information; check the current rules for your province before acting, because missing a deadline can end your right to a review.

Step 1: try to resolve it directly

Before any formal step:

Ask the lawyer for the detailed time dockets if you only have a summary.
Write a short, specific letter listing the entries or charges you question and why: block-billed entries, duplicated work, a rate higher than agreed, an estimate exceeded without warning.
Propose a solution: a reduction, a credit or an explanation.
Keep copies and note the dates.

Many disputes end here. See how to read a lawyer's bill for what to look for.

Step 2: the formal routes by province

Province	Process	Who decides	Timing (check current rules)
Ontario	Assessment of a solicitor's bill under the Solicitors Act	Assessment officer of the Superior Court of Justice	Order on requisition within one month of delivery; court order after that; after twelve months only in special circumstances; paid bills only in special circumstances
British Columbia	Review of a lawyer's bill under the Legal Profession Act	Registrar of the Supreme Court	Generally within a set period after the bill is delivered; check the Act and court guidance
Alberta	Review of a lawyer's charges under Part 10 of the Alberta Rules of Court	Review officer	Time limits after the account is received; check the Rules
Quebec	Conciliation, then arbitration of accounts, under the Barreau du Québec regulation	Conciliator (syndic's office), then an arbitration council	Conciliation generally requested within 45 days of receiving the account
Other provinces and territories	Taxation or review of accounts by a court officer, sometimes with law society mediation	Taxing officer, registrar or review officer	Varies; check the law society and court

How an Ontario assessment works

Starting it. You obtain an order for assessment from the Superior Court of Justice, by requisition if within the first month and the retainer is not in dispute, or by application otherwise.
The hearing. An assessment officer looks at the bill, the retainer agreement, the dockets and the file, and hears from both sides. The officer considers factors such as the time spent, the legal complexity, the importance of the matter, the result, the skill shown, what the client was told about fees and expectations.
The result. The officer certifies the amount payable. The bill can be reduced, confirmed, or occasionally found to be lower than what the client already paid, leading to a refund.
Costs of the assessment. Under a long-standing rule in the Solicitors Act, if the bill is reduced by more than a set fraction, the lawyer generally bears the costs of the assessment; otherwise the client may. Ask the assessment office what applies.
Contingency fees. In Ontario, a client can also ask for the contingency fee agreement or the final account under it to be reviewed.

Quebec: conciliation and arbitration

In Quebec, disputes over a lawyer's account are handled under the Barreau du Québec's regulation on the conciliation and arbitration procedure for accounts of advocates.

Conciliation request. You file a written request with the Barreau, generally within 45 days of receiving the account. If the lawyer took payment from money held in trust, the period may run from when you learned of the payment. Conciliation is free.
Effect on payment. While conciliation is under way, the lawyer generally cannot sue you to collect the disputed account.
Conciliation. A conciliator tries to help both sides reach an agreement.
Arbitration. If conciliation fails, you can ask for arbitration within the time set in the regulation. An arbitration council decides, and its award is binding. A fee may apply.

Notaries in Quebec have a similar conciliation and arbitration system through the Chambre des notaires du Québec.

Worked example: is a review worth it? (illustrative)

An Ontario client receives a final bill of $18,000 including HST. The retainer estimated $10,000 to $12,000 for the work done, and the client was never warned the estimate would be exceeded. They believe a fair bill would be about $13,000.

Potential saving: $18,000 - $13,000 = $5,000.
Costs of a self-run assessment: a filing fee, plus perhaps 8 to 15 hours of the client's own time preparing.
Risk: the officer might confirm most of the bill. If the reduction is small, the client might bear the costs of the assessment.

If the client's case is strong, documents show the estimate and no warning, and the amount in dispute is several thousand dollars, an assessment is usually worth considering. For a $300 dispute, a direct negotiation is likely more efficient.

Fee disputes vs complaints about conduct

Issue	Where it goes
"The bill is too high for the work done."	Assessment, review or conciliation (above)
"The lawyer took money from trust without billing me."	Law society complaint and possibly compensation fund claim
"The lawyer did not tell me the estimate had been exceeded."	Assessment (as a factor) and possibly a conduct complaint
"The lawyer was rude or did not return calls."	Law society complaint
"The lawyer's mistake lost my case."	Negligence claim against the lawyer, typically handled through the lawyer's professional liability insurer; get independent advice

For conduct complaints, see checking a licence and complaining to a law society. For trust money issues, see trust money and compensation funds.

What to bring to an assessment or review

The retainer agreement and any estimate.
Every invoice and trust statement.
Your correspondence about fees.
A list of specific entries you challenge, with reasons.
Notes of what you were told at the start.

Frequently asked questions

Can I get an assessment if I already paid?

Often yes, but it is harder. In Ontario, payment does not prevent an assessment, but you generally need to show special circumstances, and the twelve-month limit still matters.

Do I need a lawyer for an assessment?

No. Many clients represent themselves. Some hire another lawyer for a large dispute.

Can my lawyer sue me instead?

A lawyer can sue for an unpaid account, but in many provinces you can ask for an assessment or review of the bill as part of that process. In Quebec, a pending conciliation request generally prevents collection proceedings in the meantime.

Will the law society set my fee?

Generally no. Law societies deal with professional conduct; the amount of a fee is decided through the court or, in Quebec, the Barreau's conciliation and arbitration process. Some law societies offer informal fee mediation; ask yours.

Sources

Ontario e-Laws — Solicitors Act, R.S.O. 1990, c. S.15
Ontario Courts — Superior Court of Justice assessment offices
Law Society of British Columbia — fee disputes and reviews of lawyers' bills
Alberta Courts — review officers and the Alberta Rules of Court
Barreau du Québec — conciliation and arbitration of accounts
Gouvernement du Québec — recourses relating to professionals' fees