The applicant retained the respondent law firm for a family law matter.
The retainer agreement included an hourly rate plus a 'results achieved fee' in the event of a positive result.
After a successful trial, the firm charged a results achieved fee of $72,433.24.
The applicant brought an application to determine if this fee contravened the Solicitors Act.
The court held that the results achieved fee was contingent on the successful disposition of the matter, making it a prohibited contingency fee agreement under s. 28.1(3) of the Solicitors Act.
The firm was ordered to refund the fee.
