Ontario Superior Court Reduces Contingent Fee from $73K to $65K in Trip-and-Fall Injury Settlement

• The Ontario Superior Court reduced a contingent fee from $73,885.27 to $65,000 in a trip-and-fall injury settlement.
• The court's decision was guided by the factors outlined in Henricks-Hunter v. 814888 Ontario Inc., a 2012 case that established guidelines for determining reasonable contingent fees.
• This decision may set a precedent for future trip-and-fall cases, as lawyers should be prepared to argue for reduced contingent fees in similar situations.

In a recent personal injury case, the Ontario Superior Court reduced the contingent fee from $73,885.27 to $65,000 in a trip-and-fall injury settlement. The plaintiff, represented by his Litigation Guardian, had brought a proceeding against the City of Toronto after tripping and falling on October 3, 2020. As a result of the incident, the plaintiff sustained various injuries, including a nasal fracture, broken teeth, and soft-tissue injuries to his shoulders, neck, and back. The parties reached a proposed settlement of $280,000, which included a contingent fee retainer agreement for 33 percent of all amounts recovered.

The court's decision was guided by the factors outlined in Henricks-Hunter v. 814888 Ontario Inc., a 2012 case that established guidelines for determining reasonable contingent fees. The Superior Court recognized that the plaintiff achieved a favourable settlement proposal due to counsel's skill and ability, but found the proposed contingent fee to be unreasonable upon considering the evidence. The court acknowledged that counsel performed significant work on the matter, including investigating liability and documenting damages, but took issue with the firm's use of multiple law clerks, which likely incurred additional time.

This decision may set a precedent for future trip-and-fall cases, as lawyers should be prepared to argue for reduced contingent fees in similar situations. The court's emphasis on balancing factors such as access to justice and the value of legal services underscores the importance of considering these issues in personal injury cases. Furthermore, this decision highlights the need for counsel to carefully manage their time and resources when handling complex matters like trip-and-fall incidents.

Lawyers should note that this decision may set a precedent for future trip-and-fall cases, and they should be prepared to argue for reduced contingent fees in similar situations.

Source: Original reporting via Law Times Canada