The plaintiff, who suffered a severe traumatic brain injury in a motor vehicle accident, sought court approval for two settlements: a $1 million tort settlement reached in 2007 and a $3 million statutory accident benefits settlement.
The court approved both settlements, noting the tort settlement should have had a capacity assessment at the time.
However, the court found the 30% contingency fee agreement signed on the eve of the accident benefits settlement was not fair and reasonable under the Solicitors Act.
The agreement was declared void, and the court reduced the legal fees to 17% of the recovery.
