O'Ferrall JA

10.9: Reasonableness of retainer agreements and charges subject to review
14.5: Appeals only with permission

Case Summary

The Plaintiff sought permission to Appeal the Decision of a Review Officer before the Court of Appeal. The Plaintiff originally applied under Rule 10.9 to have his legal fees in the amount of $4,200 reviewed by a Review Officer. The Review Officer declined to adjust the Defendant lawyer’s account. The Plaintiff’s Appeal before a Justice of the Queen’s Bench was also dismissed.

Justice O’Ferrall noted that, pursuant to Rule 14.5(1)(g), where the estimated amount of the matter at issue is less than $25,000, permission from the Court of Appeal must be obtained before an Appeal of a lower Court Decision can be filed. Permission will only be granted where the Court is satisfied that the Applicant has a reasonable prospect of success, and where the Appeal concerns an issue of law or jurisdiction that is of importance to the public. O’Ferrall J.A. held that the Plaintiff had agreed to the amount of fees charged, and the Appeal therefore had no prospect of success. The Appeal was dismissed.

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