Is a plaintiff's lawyer entitled to premium fees as a part of a settlement?

Ontario, Canada


The following excerpt is from Maggisano v. Skyservice Airlines Inc., 2010 ONSC 7169 (CanLII):

Where the fee arrangements are a part of the settlement, the court must decide whether the fee arrangements are fair and reasonable, and this means that counsel are entitled to a fair fee which may include a premium for the risk undertaken and the result achieved, but the fees must not bring about a settlement that is in the interests of the lawyers, but not in the best interests of the Class Members as a whole: Smith v. National Money Mart, supra, at para. 22.

Fair and reasonable compensation must be sufficient to provide a real economic incentive to lawyers to take on a class proceeding and to do it well: Smith v. National Money Mart, supra, at para. 23.

Factors relevant in assessing the reasonableness of the fees of Class Counsel include: (a) the factual and legal complexities of the matters deal with; (b) the risk undertaken, including the risk that the matter might not be certified; (c) the degree of responsibility assumed by Class Counsel; (d) the monetary value of the matters in issue; (e) the importance of the matter to the class; (f) the degree of skill and competence demonstrated by Class Counsel; (g) the results achieved; (h) the ability of the class to pay; (i) the expectations of the class as to the amount of the fees; and (j) the opportunity cost to Class Counsel in the expenditure of time in pursuit of the litigation and settlement: Smith v. National Money Mart, supra, at paras. 19-20.

Other Questions


In a personal injury action, is a plaintiff’s total liability to his lawyer not to exceed that of his lawyer's total liability? (Ontario, Canada)
Is a plaintiff entitled to receive, evaluate and respond to settlement offers made to the class in a class action? (Ontario, Canada)
Is a plaintiff entitled to demand the forfeiture of a premium that is overdue? (Ontario, Canada)
Does a finding that a settlement was an improvident settlement under section 267.8 of the Rules of Civil Procedure apply to a plaintiff who signed a release with her accident benefits provider? (Ontario, Canada)
Is a person entitled under a statutory superannuation scheme entitled to a garnishment under the Employee Benefit Scheme entitled to be garnished after they have ceased employment? (Ontario, Canada)
Can a lawyer be held liable for a binding deal that was negotiated prior to the lawyer even being retained? (Ontario, Canada)
Is a self-represented litigant entitled to the same costs as a lawyer? (Ontario, Canada)
Is a plaintiff entitled to substantial indemnity costs for its counterclaim as a result of its rule 49.10 offer? (Ontario, Canada)
Is a plaintiff entitled to recover damages that exceed the amount of the policy limits of the at-fault party? (Ontario, Canada)
What is the test for a plaintiff to be certified as a plaintiff in a medical malpractice case? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.