BARRISTERS AND SOLICITORS - Compensation - Contingency agreements

Law360 Canada ( January 18, 2021, 9:24 AM EST) -- Application by the law firm for a declaration confirming that they had a right to appeal a decision of a chambers judge overturning a Review Officer’s decision that a contingency fee agreement was reasonable because it was not a decision as to costs only or, if it was a decision as to costs only, for permission to appeal. The respondent entered into a contingency fee agreement with the applicants. The initial contingency fee agreed to was 20 per cent. After the respondent’s claims were resolved, the respondent applied for a review of the contingency fee agreement. In response to the Review Officer’s requests, the applicants submitted an estimate of their time records which came to $391,900, about three per cent of the amount the applicants would be entitled to under the contingency fee agreement. The Review Officer, however, found the 20 per cent contingency fee reasonable. The chambers judge revoked the Review Officer’s decision because the Review Officer applied the wrong test....
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