Steven R. Yormak

The applicant, Francisco Calles, sought to void a contingency fee agreement (CFRA) with the respondent law firm, Yormak & Associates, and to recover fees paid, requesting the court to fix or assess the fees.

The respondent, Steven Yormak, brought a motion to strike portions of the applicant's materials and a counter-application for disclosure of the applicant's new counsel's file.

The court voided the CFRA due to numerous deficiencies under the Solicitors Act and its Regulations, finding it unfair and unreasonable.

The respondent's motion to strike was partially granted, and the counter-application was dismissed as a "fishing expedition" seeking privileged material.

The court fixed the respondent's fees on a quantum meruit basis at $62,150, reducing the claimed hours, and ordered the respondent to remit $6,290.62 to the applicant.

The respondent insured received long-term disability benefits from the applicant insurer while appealing a denial of WSIB benefits.

The policy allowed the insurer to deduct 100% of WSIB benefits from the disability payments and required the insured to reimburse any overpayment.

When the WSIB appeal succeeded, the insured's counsel withheld a portion of the retroactive WSIB payment for legal fees.

The insurer brought an application to recover the gross WSIB amount.

The court granted the application, finding the policy language unambiguous and rejecting arguments based on unjust enrichment and the 'made whole' doctrine.