What is the test for a solicitor to have a charging order?
Ontario, Canada
The following excerpt is from Cozzi v. Cato, 2019 ONSC 5026 (CanLII):
In Cozzi v. Wright, at para. 31, Gilmore J. found that in order to be entitled to a charging order, a lawyer must demonstrate the following three preconditions: (i) The solicitor was at some time employed to prosecute or defend the proceeding; (ii) The property was recovered or preserved in that proceeding; and (iii) The solicitor was instrumental in the recovery or preservation of that property.
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