What is the test for a multiplier in a personal injury claim?
Ontario, Canada
The following excerpt is from Sutts, Strosberg LLP v. Atlas Cold Storage Holdings Inc, 2009 ONCA 690 (CanLII):
Those words have been effectively approved by this court in Gagne v. Silcorp Ltd., supra, where Goudge J.A. at p. 425 wrote: In the end, three considerations must yield a multiplier that, in the words of s. 33(7)(b), results in fair and reasonable compensation to the solicitors. One yardstick by which this can be tested is the percentage of gross recovery that would be represented by the multiplied base fee. If the base fee as multiplied constitutes an excessive proportion of the total recovery, the multiplier might well be too high.
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