Allen Joshua Wynperle

The appellants, Joseph Campisi and Campisi LLP (lawyers), appealed a lower court decision that reopened a contingency fee agreement (CFRA) under the Solicitors Act, declared it unenforceable, ordered an assessment of fees, and ordered repayment of $150,000 for excessive fees related to an Accident Benefit Claim.

The Court of Appeal confirmed jurisdiction to hear the appeal.

The lawyers challenged the finding that the Accident Benefit Claim fee was "excessive and unreasonable" and the costs order.

The Court of Appeal dismissed the appeal, finding no error in the application judge's interpretation of the Solicitors Act (ss. 24 and 25) or in her assessment of the reasonableness of the fees, which considered factors beyond just hourly rates.

The costs award was also upheld.

The plaintiffs, L.R. and D.Z., brought an action against their father, S.P., for historical sexual assaults.

The defendant was noted in default, and the matter proceeded as an uncontested trial on damages.

The court awarded L.R. $175,000 in general non-pecuniary damages, $10,000 for emotional distress, and $25,000 for aggravated damages.

D.Z. was awarded $250,000 in general non-pecuniary damages, $25,000 for emotional distress, and $25,000 for aggravated damages.

The court denied claims for punitive damages, finding the defendant's 10-year criminal sentence sufficient, and dismissed D.Z.'s claim for economic loss due to insufficient evidence.

Pre-judgment interest was awarded from January 2012 (date of discoverability/reporting of abuse).

Costs were awarded to the plaintiffs on a solicitor and client basis.