This addendum to a ruling addresses the approval of a contingency fee retainer agreement for the main action in a personal injury litigation.
The court re-evaluated whether "exceptional circumstances" existed in 2011, when the fee agreement was initially made, to justify a contingency fee of 25% plus costs recovered from the opposing party, as per s. 28.1(8) of the Solicitors Act.
The decision considers the complexity of the claim, the substantial financial risk assumed by counsel, the significance of the litigation to the clients, and the resources expended.
The court ultimately approved the agreement for the main action, finding that exceptional circumstances were present.
