Is there any precedent for increased costs in a contingency agreement where there has been significant recovery under contingency agreements?
British Columbia, Canada
The following excerpt is from Reilly v. Lynn, 2000 BCSC 1735 (CanLII):
I note as well Lucas v. Hardie, [1998] B.C.J. No. 1079 (B.C.S.C.), in which Edwards, J. stated at paras. 7 and 8: [i]n the absence of any precedent for an award of increased costs in a case where there has been significant recovery under a contingency agreement, I presume the plaintiff was advised at the time she made her agreement that any costs recovered would in all likelihood be considerably less than the fees she had agreed to pay… . There is nothing inherently unjust about the result in this case because the plaintiff agreed to pay fees which were far above costs normally awarded in cases of this kind.
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