Does the fact that counsel for the successful plaintiff was retained on a contingency fee agreement have any bearing on whether ordinary costs produce a just indemnity?
British Columbia, Canada
The following excerpt is from Chiu v. Chiu, 2000 BCSC 108 (CanLII):
In Just v. British Columbia (1992), 9 C.P.C. (3d) 302 (B.C.S.C.), it was held that the fact that counsel for the successful plaintiff was retained on a contingency fee agreement has no bearing on the inquiry as to whether ordinary costs produce a just indemnity, the accepted procedure being to compare the amount of costs that would be awarded as ordinary costs to the special costs determined by what a reasonable client would pay a reasonably competent solicitor for performing work described in the bill.
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