The Solicitors Act provides a mechanism to dispute a lawyer’s bill in Ontario and have the lawyer's bill reviewed. The first step is usually to requisition for an assessment under section 3 of the Solicitors Act. A hearing will then be held before an Assessment Officer who will determine the reasonableness of the Lawyer’s fees. The onus is always on the lawyer to prove their account. There are strict timelines for a client to requisition an assessment under section 3 of the Solicitors Act so it is important to act quickly if you feel you have been overcharged for legal fees. Generally, the assessment application must be brought within one month of the date of delivery of the lawyer’s final account.

Yes, the Solicitor’s Act provides a client with the right to have their lawyer’s bill assessed provided certain pre-conditions are met. Generally speaking, a client must requisition for assessment within one month of delivery of the lawyer’s final account. The client may still be able to assess the lawyer’s account after this time period but a motion may be necessary.

Potentially, but it will be more challenging since the relatively easy process of obtaining a requisition under the Solicitor's Act is not available. In most cases, you will need to bring a motion or application to court. You will have to explain, among other things, the reason for the delay and may need to show special circumstances on why the accounts should be assessed despite you missing the deadline. When considering the above, it is important to bear in mind that the Solicitor’s Act is a consumer protection legislation and the above should be interpreted in a manner consistent with this.

The factor’s typically considered in an assessment are (in no particular order of importance):

• the time expended by the solicitor;
• the legal complexity of the matters dealt with;
• the degree of responsibility assumed by the solicitor;
• the monetary value of the matters in issue;
• the importance of the matters to the client;
• the degree of skill and competence demonstrated by the solicitor;
• the results achieved; 
• the client’s expectation as to the amount of the fee; and 
• the ability of the client to pay.

For clients, the timeline is generally one month from the date of the delivery of the final account. If you miss this deadline, an assessment may still be possible, but a motion may be required.

The purpose of an assessment of a lawyer’s fees is for an Assessment Officer to review the accounts to determine if they are fair and reasonable. The onus is always on the lawyer to prove that their accounts are fair and reasonable.

Determining common law reasonable notice or severance is more of an art than a science and there is no ‘mathematical formula’. The factors the courts consider to determine common law reasonable notice are generally accepted as:

• The employee's length of service: Generally, the longer an employee has been with a company, the longer the reasonable notice period should be;
• The employee's age: Older employees may require a longer notice period to find comparable employment;
• The employee's position: Employees in higher-level or specialized positions may require a longer notice period to find comparable employment; and
• The availability of similar employment: The easier it is for an employee to find comparable employment, the shorter the notice period should be.

Generally, yes. An employer does not need a reason to terminate an employee, as long as they provide them with adequate notice and/or termination/severance pay (with the exception of reasons related to human rights etc.). The term ‘wrongful dismissal” refers to the failure to provide notice and not the dismissal itself.

In Ontario, it is illegal for an employer to terminate an employee solely on the basis of their pregnancy, maternity leave, or for taking parental leave. Under the Ontario Human Rights Code, pregnancy and parental leave are considered protected grounds, and discrimination based on these grounds is prohibited.

However, if an employer has valid reasons unrelated to the pregnancy or leave for terminating an employee, such as downsizing or restructuring, an employer may be able to fire the employee (with appropriate notice or pay in lieu of). The important consideration is that the termination cannot be based on the fact that the employee took maternity leave or was pregnant.