What is the impact of forgoing on a contingency contract?
British Columbia, Canada
The following excerpt is from Sun-Rype Products Ltd. v. Archer Daniels Midland Co., 2002 BCSC 379 (CanLII):
The analysis of risk concerns many aspects, including the difficulty establishing liability, the complexity of the case, the amount of work that might be undertaken without recovery, whether the lawyer is paying the disbursements or not and many other factors. The forgoing all bear on the assessment of risk and were mentioned by Levine J. (as she then was) in Randall v. Hope (1996), 7 C.P.C. (4th) 166 (B.C.S.C.), a case concerning the reasonableness of fees charged under a contingency contract.
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