Is a plaintiff’s personal injury fund available for use in a personal injury litigation deduction?

British Columbia, Canada


The following excerpt is from Jenkins Marzban Logan LLP v. Canada (Attorney General), 2014 BCSC 1405 (CanLII):

… The courts have historically recognized that “all persons of business when dealing with a fund obtained by litigation must be assumed to be aware that the fund is to be considered as subject to the deduction of the costs to be paid to the solicitor who has conducted the litigation which is successful”: Dallow v. Garrold, …

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