Nikhil Rao Mukherjee

The Court of Appeal for Ontario dismissed Andrew Miracle’s appeal from a summary judgment awarding his former lawyer $2,858,500 in contingency fees and upholding a solicitor’s lien.

The dispute arose from a business conflict between Miracle and his son over “Smokin’ Joe’s,” resolved by arbitration.

The court found that Miracle’s acquisition of the business constituted a “recovery” under the contingency fee agreement, even though he did not receive a cash award.

The court also upheld the enforceability of the contingency fee agreement and the granting of a common law solicitor’s lien, finding no error in the motion judge’s exercise of discretion.

This decision addresses motions for leave to appeal a costs order issued by the Superior Court of Justice.

Robert Mark Roe, the appellant in the underlying appeal concerning a will challenge, sought leave to appeal the costs award.

Randall Scott Roe, a respondent, brought a cross-motion for leave to appeal the same costs order.

The Court of Appeal dismissed Randall Scott Roe's cross-motion for leave to appeal, finding no error in the application judge's discretionary costs award, which involved a holistic review of the litigation and parties' conduct.

Robert Mark Roe's motion for leave to appeal the costs order was dismissed as abandoned.

No costs were awarded on the motions for leave to appeal.

Robert Mark Roe appealed a lower court decision that upheld his mother's 2005 Will, which disinherited him.

He argued that his mother, Beverly Grace Roe, lacked testamentary capacity due to insane delusions and was unduly influenced by his brother, Rick.

The Court of Appeal affirmed the application judge's findings, concluding that Beverly's beliefs, though at times irrational, had a factual basis, and that she was not unduly influenced.

The court also confirmed that a testator only needs a general understanding of their assets for testamentary capacity.

The appeal was dismissed, and costs were awarded to the respondent Randall Scott Roe.