Refer a Case

What we take

We are a civil litigation boutique. Referrals we are well placed to accept:

• Medical malpractice. Surgical negligence, obstetrical and birth injury, delayed and missed diagnosis, hospital and nursing claims. This is the core of our plaintiff practice.
• Serious personal injury. Motor vehicle, occupiers' liability and other claims involving catastrophic or contested injuries.
• Denied disability claims. Long term disability, including own occupation and any occupation disputes and claims resting on subjective symptoms.
• First-party insurance disputes. Denied property and coverage claims, including matters that have already been through an examination under oath.

If a file sits outside those areas, tell us anyway. We would rather point you somewhere sensible than leave you guessing.

How the referral fee works

Referral fees in Ontario are capped and regulated, and we work strictly within the Law Society framework. In practice that means the following.

That structure is set by the Law Society, not by us, and it applies to referrals made since April 2017. To take the Law Society's own worked example: on a matter generating $100,000 in fees, the referral fee is $7,500 on the first $50,000 plus $2,500 on the balance, so $10,000. On a matter generating $500,000 in fees, it is capped at $25,000.

Rules of Professional Conduct, rules 3.6-6.0 and 3.6-6.1; By-Law 7.

When it is paid

The fee becomes payable once we have been paid for our services on the matter, and not before. Nothing is payable up front, which the Rules prohibit in any event.

It costs the client nothing

The referral fee comes out of our fee. It does not increase what the client pays, and we are not permitted to raise our fee because we have paid one. The amount is disclosed on the client's account when it is paid.

The paperwork

Every referral runs on the Law Society's standard form referral agreement, signed by you, by us and by the client. We prepare it and send it to you, so the administrative load on your office is minimal.

The client is also given the Law Society's guide on referral fees before signing, and is told in the agreement itself that there is no obligation to retain us, that they are free to consult another firm, and that they can end the retainer at any time.

What the Rules ask of you

You will know this, but the checklist is worth stating plainly because the obligations sit with the referring licensee as much as with us.

• The referral has to be appropriate. The licensee receiving it must have the expertise and ability to handle the matter.
• It cannot be a way out of a conflict. A referral fee is not payable where you were unable to act because of a conflict, or where your licence was suspended.
• Two names, or a reason. At least two licensees should be recommended to the client, or the reasons it was not reasonably possible to do so should be disclosed.
• Nothing up front. No fee may be paid or accepted before the referral is made.
• The client signs. The standard form agreement is tripartite and the client is a party to it.

How to make a referral

Call or email with a short summary of the matter and any limitation or notice dates you are aware of. We run a conflict check, tell you promptly whether we can take it, and if we can, we send the referral agreement.

If we cannot take a file, we will say so quickly rather than sitting on it, and where we can we will suggest counsel who might.

We act for clients throughout Ontario from offices in Toronto, Huntsville and Bowmanville.

Common questions

Can I refer a matter and stay involved?

Yes, and many referring lawyers do, particularly where they have an established relationship with the client. Tell us at the outset how involved you want to be and we will work to it.

What if the file settles quickly?

The referral fee is calculated on the fees actually generated, so an early resolution produces a smaller fee. It is payable once we have been paid.

What if the claim is unsuccessful?

Our plaintiff work is generally done on a contingency basis. If there is no recovery there is no fee, and accordingly no referral fee.

Do you accept paralegal referrals?

Yes. The referral fee rules apply to licensees generally, and the same standard form agreement is used.

Do you refer files out as well?

We do. Where a matter falls outside what we do, or where a conflict prevents us acting, we are glad to suggest counsel who would be a better fit.

Our practice