The applicant client disputed the terms of retainer with his former law firm, contending a contingency fee agreement (20-25%) while the solicitors claimed an hourly rate ($600/hour).
The court found that the solicitors failed to meet the heavy onus to prove the hourly rate agreement, given the lack of a written retainer and the client's understanding.
The court concluded that the client was retained on a contingency fee basis of 25% plus HST and disbursements.
