Is a litigation guardian's contingency fee agreement binding on a disabled person?

Ontario, Canada


The following excerpt is from Morris v. Sparling, 2007 CanLII 38122 (ON SC):

In the case of Marcoccia v. Gill, 2007 CanLII 33 (On S.C.) Wilkins J. held that where a litigation guardian enters into a contingency fee agreement, the scope of Rule 7.08 is such that none of those agreements are binding in the absence of the prior approval of a judge and there is no obligation to award fees and disbursements in accordance with that agreement. I agree with his reasoning that the contingency fee is not binding on the disabled person unless approved by a judge.

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