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The Federal Court approved $557,107.36 in class counsel fees, disbursements and HST for post-implementation services from April to June 2021.
The charging orders under s.34 were properly granted because Morse was employed to prosecute the litigation (via agency agreements), a fund existed as a chose in action at the time of the order, the recovery was through the instrumentality of the lawyer, and there was evidence the lawyer's account would not be paid; the orders are to be limited to the 25% contingency fee plus fees and disbursements and the appeal is dismissed.
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The motion judge erred by valuing class counsel fees against the entire capped fund while insufficiently weighting actual recovery (take-up) in a case where class size and meritorious claims were indeterminate; the additional $395,000 fee was disproportionate to the results achieved and is set aside, with $600,000 deemed a fair and reasonable total fee in the circumstances.
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The court dismissed a summary trial application over disputed legal-fee payments under a September 23, 2002 letter, holding the issues required a conventional trial.
The Court of Appeal dismissed the appeal: class counsel had standing to appeal; the order was not a costs order requiring leave; the motion judge properly applied the statutory scheme in ss.32–33 CPA, exercised her discretion to reduce the claimed base fee by 25% and applied a 2.6 multiplier to yield a fair and reasonable fee of $6.3 million plus GST; there was no conflict or abuse of process; and objector respondents were entitled to partial indemnity costs of $10,000 each payable by Class Counsel.
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Passing of accounts in an estate matter. The court certified the accounts subject to repayments, limited disallowance of accounting fees, a reserve, and later valuation issues.
Adjudicator found there was an agreement that Dillman (with White) would cover the firm's costs, the correspondence supported that position, there was no basis to treat the settlement as payment of all costs by the Daily News, and the account was within the range of reasonable fees; accordingly the account was certified and Dillman ordered to pay his share plus costs.
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Court refused to approve a contingency fee agreement lacking a required fee estimate and fixed class counsel’s fee on a quantum meruit basis at $500,000.
Assessment of law firm accounts under the Legal Profession Act. The Registrar upheld most fees as reasonable and necessary, reduced the accounts, and fixed the balance owing at $21,051.21.
The appeal is dismissed because the appellant failed to show any legal error or palpable and overriding factual error by the judge of probate; the judge properly applied established factors in taxing the proctor's account, had an adequate evidentiary record including affidavits and submissions, and therefore the allowance of $4,000 plus disbursements is upheld.
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