The applicant law firm sought a charging order against its former client, Christine Roberts, and her accident benefits insurer, Chubb Insurance Company of Canada, for legal fees and disbursements incurred in pursuing accident benefits and a potential tort claim.
The court found that the statutory and common law criteria for a charging order or lien were not met, as there was no property recovered or preserved through the solicitor’s efforts.
The court also noted that any assignment of SABS benefits would be void by statute.
The application was dismissed in its entirety.
