A non-party former solicitor brought a motion for payment of his legal fees pursuant to a contingency fee agreement (CFA) signed by his client in December 2020, or alternatively on the basis of docketed hours.
The court found the CFA void for failing to comply with numerous mandatory requirements under Ontario Regulation 195/04 under the Solicitors Act, and held that ss. 23–24 of the Solicitors Act did not permit the court to validate a non-compliant CFA.
The court awarded fees only for work performed prior to a capacity assessment completed March 16, 2021, after which the solicitor had knowledge of the client's incapacity to manage property; post-assessment docketed fees were allowed only at a 15% discount.
No disbursements were allowed as no supporting evidence was provided.
