What factors will be considered in determining fair and reasonable fees?
British Columbia, Canada
The following excerpt is from Denluck v The Board of Trustees for the Boilermakers’ Lodge 359 Pension Plan, 2021 BCSC 242 (CanLII):
Factors to be considered in assessing whether a fee is fair and reasonable include the following: a) The results achieved; b) The risks undertaken; c) The time expended; d) The complexity of the matter; e) The degree of responsibility assumed by counsel; f) The importance of the matter to the client; g) The quality and skill of counsel; h) The ability of the class to pay; i) The client and the class’ expectation; and j) Fees in similar cases. Green v. Tecumseh Products of Canada Limited, 2016 BCSC 217 at para. 57.
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