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ARTICLE · 24 JANUARY 2023

Can A Lawyer Challenge The Terms Of Their Own Retainer Agreement?

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In Bimman v. Igor Ellyn Professional Corporation (Ellyn Law), the Court of Appeal for Ontario considered the circumstances in which a court may set aside a retainer agreement between a lawyer and their client on the basis that it is not fair and reasonable to the lawyer.

CanadaLitigation, Mediation & Arbitration
Maya Kotob
Maya Kotob
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In Bimman v. Igor Ellyn Professional Corporation (Ellyn Law), the Court of Appeal for Ontario considered the circumstances in which a court may set aside a retainer agreement between a lawyer and their client on the basis that it is not fair and reasonable to the lawyer under s. 24 of the Solicitors Act, R.S.O. 1990, c. S.15.

In this case, a law firm, "Ellyn Law," argued that in the particular circumstances of their case, the terms included in the retainer agreement with their former clients were unfair and unreasonable. The motion judge found that the agreement was valid, having found that the agreement was both fair and reasonable. On appeal, the Court of Appeal for Ontario upheld the finding that the agreement is enforceable on the facts of the case - but the court went on to answer the broader question: does a lawyer have the right to bring a motion to invalidate a retainer agreement under s. 24 of the Solicitors Act?

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