The appellants (lawyers) appealed a judgment finding that they had agreed to represent the respondent on a pro bono basis and ordering them to repay funds improperly applied to legal fees.
The Court of Appeal dismissed the appeal, finding that the application judge made no errors in allowing the matter to proceed by application, in finding that the retainer was pro bono, or in resolving ambiguity in the retainer in favour of the client.
The court also rejected the appellants' argument that the application judge's conduct raised a reasonable apprehension of bias.
