Victor Thomas Bulger

Following a successful application to refer a solicitor’s contingency fee account for assessment, the court determined the appropriate quantum of costs payable to the applicant.

The court considered the factors under Rule 57 of the Rules of Civil Procedure, including the complexity of the proceeding, the conduct of the parties, proportionality, and the reasonable expectations of the losing party.

Although the applicant sought over $38,000 in partial‑indemnity costs, the court found that amount excessive despite acknowledging that the respondent solicitor’s conduct unnecessarily prolonged the proceeding.

Balancing fairness and proportionality, the court fixed costs at a reduced amount.

The applicant sought an order referring her former solicitor’s account for assessment following settlement of a personal injury action arising from a motor vehicle accident.

The solicitor had acted under a retainer providing for payment of up to 30% of any recovery and deducted his fee from settlement funds received in trust.

The court held that the retainer constituted a contingency fee agreement within the meaning of the Solicitors Act and failed to comply with statutory and regulatory requirements, including provisions governing contingency fee agreements and the need for court approval where a minor was represented by a litigation guardian.

Although the account had already been paid, the court found special circumstances justifying an assessment, including statutory non‑compliance, lack of required court approval, concerns about the work performed relative to the fee charged, and the involuntary nature of the payment.

The solicitor’s account was therefore referred for assessment.