Bizvoie v. Cornish et al.

Bizvoie v. Cornish et al.

Applying the established factors (plaintiff's impecuniosity, counsel bearing disbursements and risk, the complexity of liability and damages, hours and skill of counsel, settlement size and consistency with comparable decisions), the court found the reduced contingency fee of $750,000 (approx. 21% of the $3,566,000 settlement) reasonable and approved it plus GST and PST.

Citation
2003 BCSC 1615
Parties
Plaintiff (infant): John Wallaze Bizovie, an Infant, by his Guardian Ad Litem Jeff Bizovie; Defendant: Dr. Bruce M. Cornish; Defendant: Royal Columbia Hospital; Third Party: Royal Columbia Hospital; Third Party: Shirda Yung; Third Party: Willis Gooding; Third Party: Mildred Masunda; Third Party: Jennifer Fowler
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 October 2003
Procedural Posture
Medical Negligence / Personal Injury Birth Injury / Application for Approval of Solicitors' Contingency Fee Post Settlement
Outcome
Application to approve solicitor's contingency fee granted.
Legal Topics
Contingency Fee Approval, Solicitor's Fees, Settlement, Damages Assessment, Infant Plaintiff, Guardian Ad Litem
Source Language
English
Medical Negligence Personal Injury Costs and Fees Contingency Fees Contingency Fee Approval Solicitor's Fees Settlement Damages Assessment +2 more

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Parties

John Wallaze Bizovie, an Infant, by his Guardian Ad Litem Jeff Bizovie

Plaintiff (infant)

Dr. Bruce M. Cornish

Defendant

Royal Columbia Hospital

Defendant

Royal Columbia Hospital

Third Party

Shirda Yung

Third Party

Willis Gooding

Third Party

Mildred Masunda

Third Party

Jennifer Fowler

Third Party

Procedural Posture

Medical Negligence / Personal Injury Birth Injury / Application for Approval of Solicitors' Contingency Fee Post Settlement

Legal Issues

  1. 1 Whether the contingency fee agreed with counsel is reasonable and should be approved by the court
  2. 2 Whether the fee should be reduced from the contractual amount given the circumstances
  3. 3 What weight to give factors such as plaintiff's financial circumstances, risk assumed by counsel, time expended, complexity, disbursements borne and comparators

Ratio Decidendi

Applying the established factors (plaintiff's impecuniosity, counsel bearing disbursements and risk, the complexity of liability and damages, hours and skill of counsel, settlement size and consistency with comparable decisions), the court found the reduced contingency fee of $750,000 (approx. 21% of the $3,566,000 settlement) reasonable and approved it plus GST and PST.

Court Disposition

Application to approve solicitor's contingency fee granted.

Orders

  • Approve solicitor's fee of $750,000 plus G.S.T. and P.S.T.
  • Costs to be adjourned; parties encouraged to settle costs and have liberty to apply if unable to do so.