Arbitrating contingency fee agreements

In Jean Estate v. Wires Jolley LLP, 2009 ONCA 339, released April 29, the Court of Appeal held that a solicitor and his or her client may agree to have an arbitrator, as opposed to a Superior Court judge, hear a contingency fee dispute. However, public policy prevents the parties from contracting out of the statutory protections contained in the Solicitors Act and any arbitration must be conducted in accordance with them.