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The court assessed costs following a personal injury settlement, allowing most disbursements but significantly reducing claimed legal fees.
This decision concerns the allocation of costs following the settlement of two related personal injury actions arising from a motor vehicle accident.
The court addresses disputes over the reasonableness and recoverability of various disbursements and legal fees, including expert reports, travel, and office expenses.
The court reduces certain disbursements and fees, providing detailed reasons for each adjustment, and clarifies the principles for assessing costs in complex personal injury litigation.
The court approved a settlement but voided the solicitors' contingency fee agreement, reducing their fees.
The plaintiffs sought court approval for a settlement of $2,750,000 for a disabled plaintiff, Jared Edwards, who suffered a brain injury at a summer camp, and approval of their contingency fee agreement (CFA) with De Rose Professional Corporation.
The court approved the settlement as being in the plaintiff's best interests, but found the CFA void due to non-compliance with the Solicitors Act and its regulations, and because it was not fair and reasonable.
The court reduced the legal fees on a quantum meruit basis and ordered the additional funds to be used for a larger annuity for the plaintiff.
