Are interim legal fees payable under the Walkerton Compensation Plan?

In Smith v. Brockton (Municipality), [2003] O.J. No. 959 (S.C.J.), Justice Winkler, as he then was, held that under the Walkerton Compensation Plan, interim legal fees may be paid in rare, exceptional cases. In that decision, he also held that claimants are entitled to an indemnity for their reasonable legal costs even if they fail to establish that damages are payable. What is reasonable is a matter that must be determined in the circumstances of the particular case and typically will require an assessment after the completion of the arbitration. The outcome of the arbitration will be a factor in the determination of the reasonableness of a fee.