The applicant, a disabled party by her litigation guardian, sought court approval for an Accident Benefit (AB) settlement and associated legal fees.
The court found the AB settlement of $744,116.26 to be appropriate and reasonable given the circumstances of the severe traumatic brain injury and multiple fractures sustained by the applicant.
However, the court adjourned the approval of the proposed legal fees for the AB claim, which were based on a 25% contingency fee.
The judge required the applicant's solicitor to provide actual time dockets to determine the fairness and reasonableness of the contingency fee agreement, noting that a previous tort settlement fee for the same client had been reduced due to insufficient docketed time.
The court emphasized the need for careful scrutiny of contingency fee agreements for parties under disability.
