court of appeal for ontario - academicfreedom.ca

COURT OF APPEAL FOR ONTARIO
DATE: 20020910
DOCKET: C36074
O’CONNOR A.C.J.O., ABELLA and MacPHERSON JJ.A.
BETWEEN: )
) Janet E. Minor and
RONALD MCINTYRE by his
estate
) Sean Hanley
representative MAUREEN
MCINTYRE
)
)
for the appellant
Applicant/ ) Douglas Lennox
Respondent in appeal )
)
for the respondent
- and - ) Terrence J. O’Sullivan and
) Rochelle S. Fox
ATTORNEY GENERAL OF
ONTARIO
) for the intervener,
) The Advocates’ Society
Appellant )
) James Vigmond and
- and - ) Brian Cameron
) for the intervener,
THE ADVOCATES’ SOCIETY and ) The Ontario Trial Lawyers’
THE ONTARIO TRIAL
LAWYERS’
) Association
ASSOCIATION )
Interveners ) Heard: April 17, 2002
On appeal from the judgment of Justice Janet M. Wilson dated March 1,
2001, reported at (2001), 53 O.R. (3d) 137.
O’CONNOR A.C.J.O.:
[1] This appeal raises the important question of whether lawyers and their clients are
prohibited from entering into contingency fee agreements in relation to civil lawsuits in
Ontario. Contingency fee agreements may take a variety of forms, but the one element
common to all of them is that the client only becomes liable to pay the lawyer’s fees in
the event of success in the litigation.
[2] The respondent has commenced an action seeking damages against Imperial
Tobacco and Venturi Inc. (the “defendants”) for the wrongful death of Ronald McIntyre.
2002 CanLII 45046 (ON CA)