In what circumstances will a court refuse to approve legal fees for a solicitor retained by a guardian?

Ontario, Canada


The following excerpt is from Cogan v. M.F., 2007 CanLII 50281 (ON SC):

In Rivera v. LeBlond, [2007] O.J. No. 889, 44 C.P.C. (6th) 180 (S.C.J.), J.A. Thorburn J. declined to approve the legal fees in the amount sought by a solicitor retained by a guardian. However, the case did not involve a contingency fee agreement and the solicitor assumed a lower risk as the court stated, ". . . it was clear from the beginning that significant sums would be payable by the defendants to the plaintiffs."

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