COURT OF APPEAL FOR ONTARIO
CITATION: Consky v. Farooq, 2013 ONCA 393
DATE: 20130611
DOCKET: C54378
Laskin, Rosenberg and Tulloch JJ.A.
BETWEEN
Harvey S. Consky
Solicitor (Respondent)
and
Abdul Kasim Farooq
Client (Appellant)
Counsel:
Michael Czuma, for the appellant
Frank Feldman and Darrell Paul, for the respondent
Heard: June 10, 2013
On appeal from the order of Justice David Corbett of the Superior Court of Justice, dated August 30, 2011.
APPEAL BOOK ENDORSEMENT
1The appellant submits that the retainer agreement is a contingency fee agreement that offended the Solicitors Act and, therefore, the confirmation of the assessment must be set aside. We do not accept this submission for three reasons:
(1) We agree with Justice Corbett that the retainer agreement was not a contingency fee agreement.
(2) Even if it was a contingency fee agreement, the Solicitors Act does not apply retrospectively to it.
(3) The appellant disavowed the agreement and asked for an assessment of the fairness and the reasonableness of the account. That is what he got.
2The appeal is dismissed, with costs fixed at $7,000, inclusive of disbursements and applicable taxes.
