RR0288 Requisition for Assessment Ontario: Practical Guide

RR0288 Requisition for Assessment Ontario: Practical Guide

If you're here because the numbers stopped making sense, you're not crazy — and you're not "picking a fight." The RR0288 Requisition for Assessment Ontario process exists for exactly this: when a lawyer's bill felt reasonable at the time, but the real-world outcome later made the fee feel off.

"I have carefully reviewed the official RR0288 form, and below is a long-form, first-person, practical guide written for your convienance, grounded in lived experience, plain English, and usable by anyone facing a lawyer–client fee dispute in Ontario.

This is designed to be something you could publish, share, or hand to someone else and say:

"This is how I dealt with it, step by step."

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⚖️ When a Lawyer’s Fee No Longer Feels Fair:

🧾 A First-Person Guide to Using Ontario’s Requisition for Assessment (RR0288)

There are moments in life where you do everything "right," follow professional advice, trust the system, and still end up holding the bag. For me, that moment came after I had already won part of my case — not before.

This article is not about attacking lawyers.
It's not about refusing to pay for work done.
It's about what happens when the final financial reality is very different from what anyone expected, and how Ontario law gives ordinary people a fair, structured, non-hostile way to deal with it.

What follows is a first-person guide to:

• When and why the RR0288 – Requisition for Assessment (Client's Application) exists

• Who it's for

• What it does (and what it does not do)

• How to fill it out

• Where to file it

• When to use it

• And real-world examples beyond my own situation

This is the form I'm using.
This is how I'm using it.
And this is why it exists.

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🎢 The moment everything changed: when “winning” still leaves you stuck

In my case, I had a contingency fee agreement with my lawyer.

We pursued a WSIB appeal.

The agreement was clear: if we succeeded, a percentage of the WSIB award would go to legal fees.

The appeal succeeded.
WSIB paid a large lump sum.
The contingency fee was paid.

Then, months later, something surfaced that no one — including my lawyer — had known at the time:

An insurer:

(Your situation may differ depending on which insurer is involved.)

Group Benefits / LTD (clawbacks & offsets): Canada Life, Desjardins Insurance, Ontario Blue Cross, Medavie Blue Cross, Green Shield Canada, Beneva, RBC Insurance, iA Financial Group (Industrial Alliance), The Co-operators Life, Empire Life, Equitable Life of Canada, Sunlife / Sun Life, Foresters Financial, etc…

Auto Insurance (accident benefits / settlement overlap): Intact, Aviva, TD Insurance, Desjardins Insurance, The Co-operators, Wawanesa, Allstate, CAA Insurance, belairdirect, Definity (Economical), RSA Canada

Travel/Health Plan Administrators (you may see on letters): Green Shield Canada, Ontario Blue Cross, Medavie Blue Cross, TELUS Health, etc..

Bank / Creditor Disability (credit protection): BMO Insurance, CIBC Insurance, Scotiabank Insurance, TD Insurance, RBC Insurance, etc… (Your situation may differ depending on which insurer is involved.)

 asserted a retroactive overpayment, because the WSIB lump sum overlapped with disability benefits (from above insurers) already paid.

Suddenly, a large portion of the money I had "won" was never actually mine to keep. I was now legally obligated to repay it.

The problem wasn't that my lawyer didn't do the work.
The problem wasn't that the agreement didn't exist.
The problem was this:

The contingency fee was calculated on money that, in hindsight, was never part of my net recovery.

That's when I learned something important:

Ontario law does not assume that a signed fee agreement always produces a fair result.

And that's exactly why the Solicitors Act exists. (Law Society of Ontario)

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🧩 What RR0288 actually is (and what it is not)

The document titled:

RR0288 – Requisition for Assessment – Client's Application

is one of the simplest but most powerful consumer-protection tools in Ontario's legal system. (Ontario Court Forms)

Let's be clear about what it is and what it is not.

✅ What it IS

• A formal request to the Ontario Superior Court of Justice

• Asking for a neutral assessment officer to review a lawyer's bill (Law Society of Ontario)

• Focused on fairness and reasonableness

• Based on the final financial reality, not just contract wording

• Non-accusatory and non-disciplinary

• Designed for clients, not lawyers (Ontario Court Forms)

❌ What it is NOT

• It is not a complaint to the Law Society (Law Society of Ontario)

• It is not an allegation of misconduct

• It is not a lawsuit

• It does not accuse your lawyer of fraud or bad faith

• It does not mean you think your lawyer didn't work

This distinction matters.

RR0288 exists because sometimes everyone acts in good faith, and the result is still unfair.

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🔍 Reading the form: why it looks “too simple”

RR0288 Requisition for Assessment Ontario

When I first opened RR0288, my reaction was:

"That's it?"

And yes — that's really it.

The form only asks for:

• Names

• A court file number (if one exists)

• A date

• Your contact information

• Your signature

That's intentional.

The text of the form (which I reviewed carefully) states that you are:

"requiring an order under section 3 of the Solicitors Act for the assessment of the solicitor and client bill of costs delivered to me…"

You are not arguing the case on this form. (Ontario Court Forms)
You are triggering the process.

Think of RR0288 as a doorbell — not the conversation itself.

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👤 The “who” — who this form is for

Applicant

You, the client.

If you:

• Paid a lawyer

• Are subject to a contingency fee

• Believe the final fee outcome is no longer reasonable

You are the Applicant.

Respondent / Solicitor

Your lawyer — the person or firm who issued the bill.

There are no other parties.
Not the insurer.
Not WSIB.
Not your employer.

This is client vs. lawyer, and only about fees.

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🧠 The “what” — what situations this form is meant for

My situation involved:

• A WSIB award

• A later insurance clawback

• A contingency fee calculated on gross funds

But RR0288 is used in many other real-world situations, including:

1. Contingency fee cases with late clawbacks

• WSIB + LTD overlap

• CPP-D retroactive payments

• EI or ODSP offsets discovered later

2. Settlements where deductions were misunderstood

• Settlement funds reduced by liens

• CRA garnishments applied after payout

• Family law equalization adjustments

3. Files that resolved differently than expected

• Early settlement after limited work

• Multiple lawyers involved

• Partial success rather than full relief

4. Billing disputes discovered after payment

• Math errors

• Duplicate disbursements

• Unexplained charges

• Fees disproportionate to outcome

5. Vulnerable clients

• Disability cases

• Injury cases

• Power imbalance situations

• Clients who relied heavily on professional guidance

The common thread is this:

The bill made sense at the time — until reality caught up.

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⏰ The “when” — timing and deadlines (in plain language)

Ontario law provides a specific "window" for you to act. If you miss these windows, you don't lose your rights, but the process becomes harder.

1. The "Automatic" Window (Within 1 Month)

• The Rule: Under Section 3 of the Solicitors Act, you have exactly one month from the date the bill was delivered to file your requisition.

• The Benefit: If you act within this month, the court clerk can usually issue the order automatically without you needing to see a judge.

2. The Contingency Fee Extension (Within 6 Months)

• The Rule: If you signed a Contingency Fee Agreement (where the lawyer gets a percentage of your win), Ontario Regulation 563/20 gives you a longer window.

• The Timing: You have six months after the bill is delivered to apply for an assessment.

• Why it matters: In cases like WSIB or LTD, it often takes more than 30 days for the "clawback" or insurance offset letters to arrive. This 6-month rule is your legal safety net.

3. The "Special Circumstances" Window (After 12 Months)

• The Rule: If more than a year has passed since the bill was delivered, you can still apply, but you must prove "special circumstances" to a judge.

• Lived Experience: A retroactive overpayment demand from an insurer (like Sun Life or Canada Life) that arrives a year later is a classic example of a "special circumstance." The court recognizes that you couldn't dispute a fee for money you didn't know you'd have to give back.

In my case:

• The lawyer was paid months before the overpayment was even known

• The issue only arose after the bill was paid

• That is exactly the scenario the law anticipates

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🗂️ Timing reality check (how courts describe the deadlines)

Here's the practical clarification that saves people a ton of stress: many official resources describe the timing in two main gates.

• If you start within about one month of receiving the bill, you usually don't need special permission to begin the assessment process. (Law Society of Ontario)

• If you start after that one-month point, you may need a judge's permission/order to proceed, which can add time, steps, and sometimes a motion. (Law Society of Ontario)

Also, after 12 months, courts often talk about needing "special circumstances" for an assessment to proceed. (BenMor)

So if your issue was discovered later (like clawbacks, offsets, or repayment demands), you're not "late because you ignored it." You're late because the problem didn't exist yet — and that's exactly the kind of context people raise when asking to move forward beyond the earliest window. (BenMor)

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🏛️ The “where” — where you file RR0288 Requisition for Assessment Ontario

You file RR0288 with the:

Ontario Superior Court of Justice

You can file:

• At the courthouse where you live

• Or where the lawyer's office is located

Most civil counters are familiar with this form. You don't need special permission. You don't need a lawyer.

Also, note that some courthouses expect a small "bundle" of forms to get everything issued (not just RR0288), and they may have local process differences. (Steps to Justice)

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🛠️ The “how” — how to actually use the form

Pro Tip: Filing RR0288 alone is usually not enough. To avoid being turned away at the counter, you need to prepare the "Form Trio" so the court clerk can actually issue your order.

• Form RR0288: The Requisition (Your request)

• Form RR0279: The Order for Assessment (What the clerk signs)

• Form RR0334: The Notice of Appointment (Sets your hearing date)

Step 1: Fill in the "Form Trio"

• RR0288: Fill in your details as the Applicant and the lawyer's as the Respondent.

• RR0279: Attach a copy of the lawyer's bill to this form. Leave the "Date" and "Registrar signature" lines blank for the court.

• RR0334: Fill in the header. The court clerk will provide the date/time for the assessment hearing.

Step 2: File the bundle

• In person: Bring at least 3 copies of each form to the Superior Court of Justice (one for the court, one for you, one to "serve" to the lawyer).

• Online: Use the Justice Services Online Portal (or the Ontario Public Courts Portal if you are in Toronto).

Step 3: Serve the lawyer

• Once the court stamps ("issues") your forms, you must give a copy to the lawyer. This is called Service.

• You can do this via registered mail or courier. Keep your proof of delivery!

• You will then need to file an Affidavit of Service (Form 16B) with the court to prove the lawyer was notified.

At this stage, many cases settle.

​Filing RR0288 alone is often not enough to get the process moving. Most Ontario courthouses require a "trio" of forms to be filed simultaneously so the clerk can issue the order:

​Form RR0288: The Requisition (your request).
​Form RR0279: The Order for Assessment (the actual legal document the clerk signs).
​Form RR0334: The Notice of Appointment for Assessment (which sets the hearing date).

​Suggestion: Prepare RR0279 and RR0334 at the same time as RR0288.

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📎 What to gather before you file (document checklist)

This is the part people skip — and then regret later. The RR0288 Requisition for Assessment Ontario form is short, but your supporting package is what makes the process smooth.

At minimum, aim to have:

• The fee agreement (retainer / contingency agreement)

• The account(s)/bill(s) you received

• Proof of payment (if already paid)

• A clear timeline of the "new facts" (clawback letter, insurer demand, recalculation notice)

• Any emails where billing expectations were discussed

If you want this to stay calm and professional, keep your writing like this:

• "Here's what I understood at the time."

• "Here's what changed later."

• "Here's why the fee result now feels unreasonable."

• "Here are the documents that show it."

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💸 Court fees, fee waivers, and filing portals

Many people don't realize there's usually a filing fee to obtain the order connected to starting the assessment process.

A public legal information resource (CLEO/Steps to Justice) notes a $105 court fee, and also explains you can apply for a fee waiver if you can't afford it. (Steps to Justice)
Ontario's published civil court fee information also lists the fee for a client obtaining an order on requisition directing an assessment under the Solicitors Act. (Ontario)

Filing options vary by courthouse, but online filing is increasingly common. Steps to Justice notes that Toronto may use the Ontario Public Courts Portal, while other locations may use the Justice Services Online Portal, and court staff can point you to the right place. (Steps to Justice)

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⚖️ What happens next (and why lawyers take this seriously)

Once assessment is triggered:

• The lawyer must explain the fee to the court

• The focus is on reasonableness

• Assessment officers routinely adjust fees

• The existence of a signed agreement does not end the inquiry

That's why RR0288 is powerful.

It doesn't attack.
It doesn't threaten.
It applies structure.

For people who want the "official framing" in plain language, the Law Society of Ontario describes assessment as a process where an Assessment Officer of the Ontario Superior Court of Justice reviews a lawyer's bill, and warns not to wait too long because permission may be required after about a month. (Law Society of Ontario)

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🤝 Final thoughts: using the system without burning bridges

The Solicitors Act exists because the law recognizes a simple truth:

Lawyers have expertise. Clients often don't.
Fee agreements are not negotiated between equals.

Assessment is the safety valve.

It protects:

• Clients from windfall outcomes

• Lawyers from unfair accusations

• The integrity of the profession

Filing RR0288 does not mean:

• You hate your lawyer

• You think they're dishonest

• You want to punish anyone

It means:

• The outcome doesn't feel fair

• The facts changed

• You're using the correct, lawful process to resolve it

In my case, the form gave me something invaluable:

A calm, neutral way forward when conversation ran out.

And that's exactly what it's for.

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If you’re reading this because you’re in a similar situation

You're not alone.
You're not being unreasonable.
And you're not "starting a fight."

You're asking the system to do what it was designed to do.

And sometimes, that's the most responsible move of all.

If you want a second set of eyes on how you're presenting your timeline and documents (without turning it into drama), you can use my support page here: Helpdesk Support — or reach me directly via Contact. If you're dealing with stress fallout from all of this, don't ignore your health either: Health.

And yes — the last reminder matters: use the RR0288 Requisition for Assessment Ontario process when calm structure is exactly what you need.

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❓ FAQs about RR0288 Requisition for Assessment Ontario

❓ Is RR0288 the same as a Law Society complaint?

No. RR0288 is about getting a court-connected fee assessment, not professional discipline. (Law Society of Ontario)

❓ What does an assessment officer actually do?

They review the lawyer's bill and decide if the fees and disbursements are reasonable in the circumstances. (Law Society of Ontario)

❓ Can I use RR0288 if I already paid the bill?

Often, yes — payment doesn't automatically end your ability to ask for review, especially if new facts changed the fairness picture.

❓ Do I need to prove misconduct to file RR0288?

No. This process can apply even when everyone acted in good faith.

❓ What if I’m past the one-month window?

You may need permission from a judge to proceed, which can add steps. (Law Society of Ontario)

❓ What if I’m past 12 months?

It may still be possible, but courts often require "special circumstances." (Canadian Lawyer)

❓ How much does it cost to start?

Resources commonly cite a $105 fee, and fee waivers may be available. (Steps to Justice)

❓ Do I file RR0288 alone or with other forms?

Many courthouses "usually" expect RR0288 plus related forms like RR0279 and RR0334, but local practice varies. (Steps to Justice)

❓ Where do I file?

With the Ontario Superior Court of Justice, typically at a courthouse connected to where you live or where the lawyer's office is.

❓ Will this ruin my relationship with my lawyer?

Not necessarily. Framing it as a neutral fairness review (not an accusation) often keeps things calm.

❓ Can this lead to a settlement without a hearing?

Yes — once a structured review starts, many people negotiate a resolution.

❓ What should I write in my explanation?

Keep it short: what you understood, what changed, and why the fee result now feels unreasonable.

❓ Does a signed contingency agreement end the issue?

Not automatically. An assessment can still examine overall reasonableness.

❓ If I hired a paralegal, do I use RR0288?

RR0288 is for solicitor-client (lawyer) assessment forms; paralegal fee disputes may follow different paths. (Law Society of Ontario)

❓ What’s the biggest mistake people make?

Waiting too long, and submitting emotion instead of documents + timeline.

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✅ Official sources (best options)

You can grab the official RR0288 from Ontario's court forms sites (don't rely on random "form download" websites).

1. Ontario Court Forms (Ontario Court Services)

• Go here: RR0288 – Requisition for Assessment (Client's Application) (Ontario Court Forms)
  This page includes the current PDF and a fillable Word (.docx) version, with the version/effective date listed. (Ontario Court Forms)

2. Ontario Government Forms Repository (MGCS / Ministry of the Attorney General listing)

• Go here: RR-0288 listing (forms.mgcs.gov.on.ca) (Central Forms Repository)
  This points you to the official form file(s) and metadata. (Central Forms Repository)

⚠️ Quick warning (worth saying out loud)

Third-party "template" sites often host older editions (or re-hosted copies). Use the Ontario Court Forms page above to be sure you're using the right version. (Ontario Court Forms)

If you want the “human” option

If you're unsure which courthouse/process applies in your area, Steps to Justice notes that each SCJ location can vary and court staff can help point you to the right process/forms. (stepstojustice.ca)

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This "Statement of Facts" is arguably the most important document in your assessment package. Its job is to move the Assessment Officer from looking at the lawyer's hours to looking at the client's reality.

In WSIB/LTD cases, the lawyer often bills based on the "Gross" win, but you only experience the "Net" recovery. This template makes that math impossible to ignore.

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How to Use This Template

• Draft it as a Letter or a formal "Memorandum of Fact": You can simply title it "Statement of Facts in Support of Requisition for Assessment."

• Keep it to 2 pages: Use the bold headers provided below.

• Attach Proof: Every time you mention a number, refer to an "Exhibit" (e.g., See Exhibit A: WSIB Award Letter).

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STATEMENT OF FACTS: RE: ASSESSMENT OF THE BILL OF [LAWYER NAME]

1. Background & Retainer

• On [Date], I retained [Lawyer Name] to assist with a WSIB appeal regarding [briefly state injury/issue].

• We entered into a Contingency Fee Agreement which stated the lawyer would receive [Percentage]% of any amount recovered.

• At the time of signing, I understood this percentage would apply to the money I would receive as a result of the lawyer's work.

2. The “Gross” Recovery & Legal Fee

• On [Date], the WSIB issued a decision granting a retroactive lump-sum award of $[Total Amount].

• The Lawyer issued an account on [Date] for $[Fee Amount] (plus HST and disbursements).

• The legal fee was calculated as [Percentage]% of the total $[Total Amount] WSIB award.

• The lawyer was paid in full on [Date].

3. The “New Facts”: The Insurance Clawback

• At the time the legal fee was paid, neither I nor my lawyer accounted for the specific offset provisions in my Long-Term Disability (LTD) policy with [Insurance Company Name].

• On [Date], I received a letter from [Insurance Company Name] (attached as Exhibit [X]) asserting a retroactive overpayment.

• Because the WSIB award covered the same period as my LTD benefits, the insurer demanded I repay $[Repayment Amount] immediately.

4. The Math of the “Net” Recovery

This is the central point of my request for assessment. When the "clawback" is factored in, the financial reality is as follows:

• Total WSIB Award: $[Amount]

• Minus Insurer Clawback: – $[Amount]

• Actual Benefit to Client (Net): $[Amount]

The Conflict: The Lawyer received a fee of $[Fee Amount], which represents [Actual Percentage]% of my actual net benefit. Had the final financial reality been known at the time of the bill, a fee of this magnitude would not be "fair or reasonable" under the Solicitors Act.

5. Conclusion

I am not suggesting my lawyer failed to perform the work. However, Ontario law requires that a fee be "fair and reasonable" in light of the results achieved. In this case, the result achieved was significantly diminished by the retroactive insurance offset. I am asking the Assessment Officer to adjust the fee to reflect the actual net recovery I received.

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💡 Pro-Tips for your “Statement of Facts”:

1. The "Result" Factor: Under Ontario law (Cohen v. Kealey), one of the main factors an officer looks at is "the results achieved." If the result for you was $50,000 but you had to pay back $40,000, the "result achieved" by the lawyer was effectively only $10,000.

2. Highlight the Policy: If your LTD insurer refused to allow you to deduct the legal fees from the repayment (which is common, see RBC Life Ins. v. Janson), mention that. It proves that you are "paying twice"—once to the lawyer and once to the insurer.

3. Be Factual, Not Angry: Use phrases like "The math no longer aligns with the outcome" rather than "The lawyer overcharged me." Assessment Officers respond much better to math and fairness arguments than to emotional ones.

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📚 Sources & References – RR0288 Requisition for Assessment Ontario

• Ontario Court Forms: RR0288 listing (Ontario Court Forms)

• Law Society of Ontario: Complaints about legal fees (Law Society of Ontario)

• Steps to Justice (CLEO): Forms + filing + fee info (Steps to Justice)

• Ontario.ca: Civil court fees (assessment on requisition) (Ontario)

• O. Reg. 293/92 fee listing snippet (assessment on requisition) (Ontario)

• Commentary on one-month/12-month framing (context only) (BenMor)