Slight year-over-year fee increases continue in 2021
Every year, Canadian Lawyer asks the legal profession what they are charging for services. This year was like none before, as COVID rearranged work and life for everyone. Despite all the changes, the trend of marginal, year-over-year fee increases continued. This year, slightly fewer lawyers said they would keep their fees the same, compared with last year. And the number of lawyers who said they are lowering their fees has grown once again.
Here are the numbers of the 2021 Legal Fees Survey:
| NATIONAL | NATIONAL (1-4 Lawyers) |
NATIONAL (5-25 Lawyers) |
WEST | EAST | ONTARIO | |||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Business Law | BC | Alta | Sask | Man | Average | Range | NS | NB | Nfld | PEI | Que | Yukon/NWT/Nun | Average | Range | ||||
| Securing Financing Agreement | $2,411.54 | $1,856.25 | $2,625 | $10,400 | $2,689 | $10,000 | $500 | $5,897 | $500-$10,500 | - | - | - | - | $7,500 | - | $7,500 | less than $10,000 | $3,680 |
| Simple, small business incorporation | $1,094 | $1,027 | $1,144 | $1,292 | $1,113 | $1,117 | $1,000 | $1,130 | $1,000-$1,500 | - | $400 | - | - | $1,833 | - | $1,117 | less than $2,000 | $1,178 |
| Simple Prospectus | $10,250 | $25,000 | $1,000 | $12,000 | $7,500 | $10,000 | - | $9,833 | $7,500-$1200 | - | - | - | - | $10,000 | - | $10,000 | less than $15,000 | $10,000 |
| Simple M&A transaction | $11,767 | $7,925 | $11,100 | $18,625 | $13,857 | $37,500 | $50,000 | $29,996 | $13,000-$50,000 | - | - | - | - | $25,000 | - | $25,000 | less than $30,000 | $11,367 |
| Simple commercial lending transaction | $3,450 | $2,636 | $3,306 | $4,919 | $3,771 | $7,833 | $6,250 | $5,693 | $3,000-8,000 | - | - | - | - | $7,500 | - | $7,500 | less than $10,000 | $4,012 |
| Civil Litigation | ||||||||||||||||||
| Civil action up to trial (2 days) | $25,570 | $18,783 | $24,791.67 | $35,000 | $32,357 | $24,000 | $27,500 | $29,714 | $24,000-$35,000 | - | $15,000 | $7,500 | - | $24,000 | - | $15,500 | $7,500-$25,000 | $32,029 |
| Civil action up to trial (5 days) | $38,194.35 | $32,427 | $42,955 | $90,315 | $88,364 | $75,000 | $80,000 | $83,420 | $75,000-$95,000 | - | $40,000 | $10,000 | - | $89,000 | - | $46,333 | $40,000-$90,000 | $71,324 |
| Civil action up to trial (7 days) | $92,118 | $34,321 | $45,000 | $110,350 | $99,444 | $101,667 | $107,500 | $104,740 | $99,000-$115,000 | - | $50,000 | $13,500 | - | $62,500 | - | $42,000 | $13,000-$65,000 | $111,071 |
| Civil action appeal only | $29,983 | $21,200 | $26,875 | $38,938 | $31,250 | $19,500 | $25,000 | $28,672 | $19,000-$40,000 | - | - | $15,000 | - | $12,250 | - | $13,625 | $12,000-$15,000 | $27,963 |
| ADR, including mediation (up to 3 days) | $19,419 | $11,665 | $14,563 | $23,465 | $19,188 | $17,375 | $35,000 | $23,757 | $17,000-$35,000 | - | $15,000 | $2,500 | - | $25,000 | - | $14,167 | $2,500-$25,000 | $23,300 |
| Day-long motion or application | $9,719 | $7,152 | $9,700 | $6,636 | $8,909 | $10,250 | $11,250 | $9,261 | $6,000-$12,000 | $1,800 | $5,000 | $3,500 | - | $4,625 | - | $3,731 | $1,800-$5,000 | $15,556 |
| Criminal Law | ||||||||||||||||||
| Summary criminal offence (one-day trial) | $4,285.71 | $4,591 | $2,000 | $26,563 | $4,750 | $5,000 | $1,500 | $9,453 | $1,500-$27,000 | - | - | $2,500 | - | $3,500 | - | $3,000 | $2,500-$3,500 | $96,586 |
| Bail hearing | $2,000.71 | $1,319 | $82,313 | $20,250 | $1,583 | $2,125 | $1,000 | $6,240 | $1,000-$21,000 | - | - | $750 | - | $2,500 | - | $1,625 | $750-$2,500 | $64,875 |
| Complex indictable trial (3-5 days, example: sex assault charge, drug offence, Charter issues) | $167,080 | $141,427 | $280,650 | $107,500 | $13,167 | $25,000 | $7,500 | $38,292 | $7,500-$110,000 | $2,100 | - | $8,000 | - | $25,000 | - | $11,700 | $2,000-$25,000 | $196,289 |
| Family Law | ||||||||||||||||||
| Uncontested divorce | $1,860 | $1,841 | $1,925 | $1,786 | $2,677 | $2,050 | $1,500 | $2,003 | $1,500-$3,000 | - | - | $1,000 | - | $1,838 | - | $1,419 | $1,000-$2,000 | $1,439 |
| Contested divorce | $20,625 | $18,250 | $16,833 | $12,150 | $23,182 | $11,750 | $7,500 | $13,645 | $7,500-$25,000 | - | - | - | - | $20,000 | - | $20,000 | less than $25,000 | $23,278 |
| Trial up to 2 days | $19,087 | $13,317 | $28,938 | $12,875 | $19,375 | $12,500 | $4,000 | $12,188 | $4,000-$20,000 | - | - | $3,500 | - | $20,000 | - | $11,750 | $3,500-$20,000 | $23,150 |
| Trial up to 5 days | $43,481 | $30,867 | $55,938 | $30,417 | $44,375 | $25,000 | $10,000 | $27,448 | $10,000-$45,000 | - | - | $8,500 | - | $52,500 | - | $30,500 | $8,500-$55,000 | $51,950 |
| Marriage/co-habitation agreement | $2,708 | $2,452 | $3,750 | $1,821 | $2,823 | $1,440 | $750 | $1,709 | $750-$3,000 | - | - | $1,500 | - | $2,000 | - | $1,750 | $1,500-$2,000 | $3,531 |
| Separation agreement with children | $7,014 | $4,091 | $19,786 | $2,158 | $3,546 | $1,938 | $750 | $2,098 | $750-$4,000 | - | - | $2,000 | - | $3,750 | - | $2,875 | $2,000-$4,000 | $13,300 |
| Separation agreement without children | $5,463 | $2,682 | $3,583 | $1,833 | $2,835 | $1,583 | $750 | $1,750 | $750-$3,000 | - | - | $1,250 | - | $2,000 | - | $1,625 | $1,000-$2,000 | $10,467 |
| Child custody and support agreement | $2,236 | $2,784 | $3,600 | $1,638 | $3,760 | $1,750 | $750 | $1,974 | $750-$4,000 | - | - | $1,250 | - | $2,250 | - | $1,750 | $1,000-$2,500 | $12,273 |
| Spousal support agreement | $6,274 | $2,272 | $3,600 | $1,363 | $2,911 | $1,750 | $750 | $1,693 | $750-$3,000 | - | - | $1,500 | - | $2,250 | - | $1,875 | $1,500-$2,500 | $12,341 |
| Division of property/assets agreement | $3,363 | $5,261 | $21,083 | $1,713 | $8,735 | $1,750 | $750 | $3,237 | $750-$9,000 | - | - | $3,000 | - | $3,750 | - | $3,375 | $3,000-$4,000 | $12,432 |
| Motion to Change / variation applications | $6,863 | $4,494 | $10,464 | $3,475 | $6,175 | $3,833 | $3,000 | $4,121 | $3,000-$7,000 | - | - | $2,000 | - | $5,000 | - | $3,500 | $2,000-$5,000 | $10,000 |
| Mobility cases (changing the child’s residence outside of the jurisdiction) | $16,120 | $9,467 | $18,500 | $6,375 | $12,750 | $5,500 | $7,500 | $8,031 | $5,500-$13,000 | - | - | - | - | $12,500 | - | $12,500 | less than $15,000 | $26,778 |
| Child protection hearings | $7,391 | $3,043 | $16,667 | $5,525 | $7,500 | $5,600 | $2,500 | $5,281 | $2,500-$7,500 | - | - | - | - | $7,500 | - | $7,500 | less than $10,000 | $16,000 |
| Immigration Law | ||||||||||||||||||
| Work Permit | $2,150 | $1,350 | $2,833 | $2,417 | $2,500 | $2,500 | $1,800 | $2,304 | $1,800-$2,500 | - | - | - | - | $2,250 | - | $2,250 | less than $5,000 | $2,167 |
| Family class sponsorship | $4,464 | $4,313 | $4,667 | $3,917 | - | - | $5,500 | $4,708 | $3,000-$5,500 | - | - | - | - | $5,000 | - | $5,000 | less than $10,000 | $4,500 |
| Skilled worker application | $4,407 | $3,963 | $5,000 | $3,950 | - | - | $3,000 | $3,475 | $3,000-$4,500 | - | - | - | - | $5,000 | - | $5,000 | less than $10,000 | $5,500 |
| Refugee protection claim | $3,670 | $3,117 | $4,500 | $2,425 | - | - | $3,500 | $2,963 | $2,000-$3,500 | - | - | - | - | $5,000 | - | $5,000 | less than $10,000 | $5,000 |
| Labour Market Impact Assessment | $3,358 | $2,383 | $4,333 | $1,825 | - | - | $2,500 | $2,163 | $1,500-$2,500 | - | - | - | - | $5,000 | - | $5,000 | less than $10,000 | $4,500 |
| Federal Court application for Leave | $4,725 | $925 | $5,500 | $5,283 | $10,000 | - | $1,000 | $5,428 | $1,000-$10,000 | - | - | - | - | $10,000 | - | $10,000 | less than $15,000 | $5,750 |
| Federal Court judicial review | $26,335 | $33,470 | $16,500 | $11,950 | $27,500 | - | $4,000 | $14,483 | $4,000-$12,000 | - | - | - | - | $28,333 | - | $28,333 | less than $30,000 | $43,375 |
| Intellectual Property Law | ||||||||||||||||||
| Simple patent application | $7,400 | $6,325 | $9,550 | $650 | - | - | - | $650 | less than $1,500 | - | - | - | - | - | - | - | - | $10,775 |
| Simple trademark registration | $1,467 | $950 | $2,500 | $650 | - | - | - | $650 | less than $1,500 | - | - | - | - | - | - | - | - | $1,630 |
| Patent audit (three patent families in five jurisdictions) | $5,625 | $1,250 | $10,000 | $1,250 | - | - | - | $1,250 | less than $1,500 | - | - | - | - | - | - | - | - | $10,000 |
| Patentability search for simple mechanical invention | $1,833 | $1,000 | $3,500 | $500 | - | - | - | $500 | less than $1,500 | - | - | - | - | - | - | - | - | $2,500 |
| Labour and Employment Law | ||||||||||||||||||
| Basic employment contract review | $994 | $848 | $1,200 | $1,344 | $1,313 | $1,058 | $1,150 | $1,216 | $1,000-$1,500 | $1,500 | $250 | $1,000 | - | $1,750 | - | $1,125 | $250-$2,000 | $1,094 |
| Severance package renew | $1,284 | $944 | $975 | $2,344 | $2,457 | $2,815 | $5,150 | $3,191 | $2,000-$3,000 | - | $250 | - | - | $1,750 | - | $1,000 | $250-$2,000 | $1,220 |
| Litigation claim or defence up to mediation/trial | $16,573 | $14,875 | $14,917 | $183,042 | $18,000 | $22,125 | $3,000 | $56,542 | $18,000-$185,000 | - | - | - | - | $15,000 | - | $15,000 | less than $20,000 | $19,000 |
| Standard workplace policies | $2,857 | $1,750 | $3,264 | $3,200 | $2,900 | $8,750 | - | $4,950 | $2,500-$9,000 | - | - | - | - | $7,500 | - | $7,500 | less than $10,000 | $2,892 |
| Collective bargaining renewal | $16,875 | $500 | $26,000 | $7,750 | $15,000 | $32,500 | - | $18,417 | $7,500-$33,000 | - | - | - | - | $15,000 | - | $15,000 | less than $20,000 | $8,500 |
| Labour arbitration (up to 3 days) | $20,800 | $13,750 | $26,000 | $25,375 | $25,000 | $20,875 | $40,000 | $27,813 | $20,000-$26,000 | - | - | - | - | $10,000 | - | $10,000 | less than $15,000 | $16,600 |
| Real Estate | ||||||||||||||||||
| Residential real estate purchase | $1,131 | $1,142 | $1,025 | $1,121 | $1,036 | $1,056 | $975 | $1,047 | $1,000-$1,500 | - | - | $2,000 | - | $1,250 | - | $1,625 | $1,000-$2,000 | $1,198 |
| Residential real estate sale | $932 | $905 | $950 | $1,208 | $815 | $819 | $1,100 | $985 | $800-$1,500 | - | - | $1,250 | - | $1,050 | - | $1,150 | $1,000-$1,500 | $996 |
| Residential real estate sale and purchase | $1,868 | $1,860 | $1,717 | $1,638 | $1,608 | $1,525 | $1,400 | $1,543 | $1,000-$2,000 | - | - | - | - | $2,200 | - | $2,200 | less than $5,000 | $2,036 |
| Commercial property purchase | $3,080 | $2,620 | $3,958 | $3,650 | $2,688 | - | $1,500 | $2,613 | $2,500-$4,000 | - | - | - | - | - | - | - | - | $3,197 |
| Commercial property sale | $3,731 | $3,604 | $3,792 | $3,210 | $2,500 | - | $1,500 | $2,403 | $2,500-$4,000 | - | - | $20,000 | - | - | - | $20,000 | less than $30,000 | $3,631 |
| Commercial lease agreement | $2,160 | $2,161 | $2,458 | $2,820 | $1,829 | - | $1,000 | $1,883 | $1,500-3,000 | - | $1,000 | - | - | $1,100 | - | $1,050 | $1,000-$1,500 | $2,306 |
| Wills and Estates | ||||||||||||||||||
| Simple will | $624 | $614 | $684 | $821 | $816 | $290 | $325 | $563 | $250-$1,000 | - | $150 | $1,000 | - | $817 | - | $656 | $150-$1,000 | $503 |
| Complex will (individual) | $2,242 | $1,602 | $1,513 | $6,983 | $4,851 | $7,350 | $17,650 | $9,209 | $4,500-$7,500 | - | - | $2,000 | - | $2,250 | - | $2,125 | $2,000-$2,500 | $1,030 |
| Complex will (couple) | $2,134 | $2,093 | $2,163 | $2,158 | $3,744 | $1,450 | $2,800 | $2,538 | $1,500-$4,000 | - | - | - | - | $2,900 | - | $2,900 | less than 5,000 | $1,386 |
| Power of attorney (individual) | $248 | $227 | $384 | $364 | $286 | $175 | $200 | $256 | $175-$500 | - | $100 | $750 | - | $458 | - | $436 | $100-$750 | $177 |
| Power of attorney (couple) | $366 | $348 | $525 | $508 | $449 | $231 | $300 | $372 | $200-$600 | - | $200 | - | - | $683 | - | $442 | $200-$700 | $263 |
| Handling estate file (including probate) | $4,561 | $4,428 | $4,875 | $4,750 | $5,800 | $3,419 | $7,000 | $5,242 | $3,000-$6,000 | - | - | $2,500 | - | $2,950 | - | $2,725 | $2,500-$3,000 | $4,136 |
| Simple will (couple) | $799 | $784 | $913 | $1,067 | $825 | $417 | $300 | $652 | $400-1,500 | - | $300 | - | - | $1,475 | - | $888 | $300-$1,500 | $745 |
| Personal directives (Advance Directives, Representation Agreements, Power of Attorney for Personal Care) | $306 | $246 | $646 | $680 | $260 | $167 | $150 | $314 | $100-$700 | - | - | $750 | - | $1,200 | - | $975 | $750-$1,200 | $186 |
| Package price for Will, Power of Attorney and Personal Directives | $957 | $871 | $1,389 | $1,436 | $1,080 | $594 | $725 | $959 | $500-$1,500 | - | - | - | - | $1,900 | - | $1,900 | less than $5,000 | $720 |
