On the Record, Episode 13 is about costs awards in civil jury trials and the challenges created by the Solicitors Act in pursuing costs.
Kris explains how the Solicitors Act, which permits contingency fees, actually creates a hurdle in taking modest cases to trial.
A 2-4 week jury trial, which is common in personal injury, can result in a $50,000 judgement. A 33% contingency fee would mean a fee of $16,500 for 200 – 300 hours of work.
Kris recently enjoyed success at trial with a judgment that after deductions was modest but where costs were significant. He is headed to the Court of Appeal for Ontario to protect the costs award and in doing so will be standing up for access to justice for all Ontarians. This will be an appeal to watch.
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