This decision concerns the interpretation of a contingency fee retainer agreement between Aylmer Meat Packers Inc. and Richard Walter Clare (the "Client") and their former law firm, Harrison Pensa LLP ("HP").
The court found that HP was not entitled to a contingency fee on a judgment obtained by the Client on appeal after new counsel was retained.
The agreement only entitled HP to a contingency fee on damages recovered prior to or at trial.
The court also rejected HP’s claim for compensation under quantum meruit, holding that the enforceable agreement governed the parties’ rights and obligations.