What is the test for approving a contingency fee pursuant to a contingency agreement?
Ontario, Canada
The following excerpt is from Redublo v. CarePartners, 2022 ONSC 1398 (CanLII):
As Morgan J. recently noted in Austin v. Bell Canada, 2021 ONSC 5068, at para. 10, generally speaking, when considering whether to approve class counsel fees, “the amount payable under the contract is the starting point for the application of the court’s judgment.” If approving a fee pursuant to a contingency agreement, the court must consider all the relevant factors and circumstances to determine whether the fee is reasonable and maintains the integrity of the profession: Hodge, at para. 46.
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