Can a litigation guardian and litigation guardian agree to pay solicitor’s fees in a settlement?

Ontario, Canada


The following excerpt is from Rivera v. LeBlond, 2007 CanLII 7396 (ON SC):

In Marcoccia v. Gill [2007] O.J. No. 12, Wilkins J. addressed the issue of payment of solicitor’s fees. At paragraphs 20, 38 and 39 he held that: It may well be that the litigation guardian and even, possibly, the guardian of property might be prepared to make agreements with respect to contingency fees or other payments of fees to the solicitor, but, in my view, the scope of rule 7.08 is such that none of those agreements has any force and effect in the absence of approval by a judge and there is no obligation on the judge to award the solicitor fees and disbursements in accordance with any such agreement, unless that judge might be satisfied, having regard to the total circumstance of the settlement, that such additional fees and disbursements are correct and justified.

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