The following excerpt is from Sutts, Strosberg LLP v. Atlas Cold Storage Holdings Inc, 2009 ONCA 690 (CanLII):
She did not ignore the fee agreement, but rather considered it as she was bound to do. She was not obliged to accept it. That agreement is but one factor which “can” be considered “in determining what is fair and reasonable”: see Gagne v. Silcorp Ltd., supra, p. 425.
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