The respondent law firm commenced an action in the Small Claims Court to recover $26,051.59 in legal fees pursuant to a contingency fee agreement after the appellant terminated its services.
The appellant moved to dismiss the action for want of jurisdiction, which the Deputy Judge dismissed without reasons.
On appeal, the Divisional Court held that under the Solicitors Act, the Small Claims Court is expressly excluded from considering issues arising under a written fee agreement.
The appeal was allowed and the Small Claims Court action was dismissed for want of jurisdiction.
