The appellants appealed a motion judge's decision enforcing a contingency fee agreement provision requiring them to join in an application under section 28.1(8) of the Solicitors Act for court approval of the inclusion of a percentage of legal costs paid to them as part of the solicitor's contingency fee.
The appellants argued that the provision was unenforceable and that they should have been permitted to oppose the application on the grounds that exceptional circumstances did not exist.
The Court of Appeal upheld the motion judge's decision, holding that the provision was enforceable and that the appellants were required to support the application.
The court also found that exceptional circumstances existed justifying the payment.
