Makowsky v. Jaron et al.

Makowsky v. Jaron et al.

The court found the claimed fee of $900,000 excessive given the moderate complexity, relatively low liability risk, early settlement, and comparison to similar cases (notably Adams v. Emmett); applying established factors the appropriate reasonable fee is $600,000 plus GST and PST, payable from funds held in...

Source-derived case information.

Citation
2004 BCSC 419
Parties
Plaintiff (infant): Jessica Catherine Makowsky; Mother and Guardian Ad Litem: Sandra Lynne Makowsky; Defendant: Peter W. Jaron; Defendant: Prince George Regional Hospital; Interested Party: Public Guardian & Trustee
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 March 2004
Procedural Posture
Medical Malpractice / Infant Settlement With Fee Approval / Application for Court Approval of Solicitor's Contingency Fees
Outcome
Application granted in part; solicitors' fees reduced and approved at $600,000 plus GST and PST
Legal Topics
Contingency Fees, Infant Settlement Approval, Solicitor's Fees Reasonableness, Disbursements, Public Trustee Oversight, Future Care Quantum
Source Language
english
Tort/medical Malpractice Trusts and Trusteeship Procedural Law (infant Settlements) Contingency Fees Infant Settlement Approval Solicitor's Fees Reasonableness Disbursements Public Trustee Oversight +1 more

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Parties

Jessica Catherine Makowsky

Plaintiff (infant)

Sandra Lynne Makowsky

Mother and Guardian Ad Litem

Peter W. Jaron

Defendant

Prince George Regional Hospital

Defendant

Public Guardian & Trustee

Interested Party

Procedural Posture

Medical Malpractice / Infant Settlement With Fee Approval / Application for Court Approval of Solicitor's Contingency Fees

Legal Issues

  1. 1 Whether the solicitor's claimed contingency fee of $900,000 (plus GST/PST) is reasonable and should be approved out of the infant's settlement
  2. 2 How to apply established factors (Yule/Harrington and authorities) in assessing a contingency fee for an infant plaintiff
  3. 3 Allocation of settlement funds and treatment of disbursements

Ratio Decidendi

The court found the claimed fee of $900,000 excessive given the moderate complexity, relatively low liability risk, early settlement, and comparison to similar cases (notably Adams v. Emmett); applying established factors the appropriate reasonable fee is $600,000 plus GST and PST, payable from funds held in counsel's trust with remaining funds to be transferred to the Public Trustee in trust for the infant.

Court Disposition

Application granted in part; solicitors' fees reduced and approved at $600,000 plus GST and PST

Orders

  • Solicitor's fees approved in the amount of $600,000 plus GST and PST
  • Mr. Smith entitled to take the balance owing to him from the money he currently holds in trust