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The court allowed a solicitor’s account in part, rejected constructive dismissal of the retainer, reduced unsupported time entries, and certified costs.
The court reviewed a contingency fee bill under the Legal Profession Act, found the retainer clause ambiguous, rejected the claimed contingent fee, and allowed a reduced fair fee.
The court apportioned contingency fees between two law firms after retainer breakdowns, limited recovery to the contingency fee cap, and disallowed a $2,520 cancellation fee.
The appellate court upheld the motion judge's factual finding that the disputed settlement payments arose from subsequent litigation and compensation events that occurred after the solicitors' retainer ended and therefore were not recovered or preserved through the solicitors' instrumentality; accordingly the charging orders did not attach to those disputed payments.
Source excerpt
Registrar Sainty reduced a law firm’s bill on review, fixing a fair fee of $88,000 plus taxes, awarding disbursements, and limiting contractual interest.
Fee review under the Legal Profession Act: a lawyer’s account was reduced after early termination of the retainer, with the registrar finding the charges excessive.
The court held the contingency retainer was an entire contract for both actions, and Slater Vecchio had to refund the fee paid after withdrawing from the Part 7 claim.
Arising from a fee review under the Legal Profession Act, the Court reduced a solicitor’s accounts after finding unwarranted delay, poor discovery practice, and failure to advance the clients’ case.
The court held that a family-law solicitor’s retainer continued after a consent order, so earlier paid accounts were reviewable under s. 70(1) of the Legal Profession Act.
Registrar Sainty reviewed Farber & Folk’s accounts in an estate matter, reduced fees from $32,540 to $28,000, allowed disbursements, and awarded review costs.
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