The appellants appealed a judgment determining amounts payable to two law firms out of settlement funds held in trust, based on a Settlement Agreement.
The appellants argued the agreement was unfair and unreasonable under the Solicitors Act.
The Court of Appeal upheld the agreement regarding the first firm, finding it fair and reasonable, but allowed the appeal regarding the second firm, remitting the issue of fairness and reasonableness of its fees to the Superior Court of Justice because the application judge failed to provide grounds for finding the fees reasonable and did not characterize the nature of the fee arrangement.
