Is a solicitor entitled to a fee based upon the client’s position and interest in the action?
Ontario, Canada
The following excerpt is from Meagan Warnica v. Casey Van Moorlehem, 2012 ONSC 4241 (CanLII):
This is exactly the type of fee arrangement that was forbidden at common law as champertous under Haseldine v. Hosken[4] and that is forbidden in this province by section 28 of the Solicitors Act – a fee arrangement effectively founded upon the solicitor purchasing a part of the client’s position and interest in the action. Similar provisions are enacted across Canada.
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