ARTICLE · 23 JANUARY 2017

Are Fee Sharing Agreements To Resolve Carriage Disputes Dead In Ontario?

Lerners LLP

In Bancroft, a class action involving allegedly improper credit card merchant fees, Justice Perell, on a motion to approve counsel fees, approved the contingency fee sought by class counsel.

CanadaLitigation, Mediation & Arbitration

Brian Radnoff

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We previously reported on the decision in Bancroft-Snell v Visa, 2015 ONSC 7275 ("Bancroft") in the blog post " Fee Sharing Agreements in Trouble?" The Ontario Court of Appeal recently released the appeal decision in this case (2016 ONCA 896).

In Bancroft, a class action involving allegedly improper credit card merchant fees, Justice Perell, on a motion to approve counsel fees, approved the contingency fee sought by class counsel. However, he refused to give effect to a fee sharing agreement with other counsel or to allow class counsel to pay any money in respect of the fee sharing agreement, even funds not coming from the class action settlement. The fee sharing agreement had been reached between class counsel and the Merchant Law Group ("MLG") after a mediation with a judge to settle a carriage dispute in Saskatchewan and Alberta. The resolution of the carriage dispute permitted a potential settlement in the action to proceed. Perell J.'s decision with respect to

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Are Fee Sharing Agreements To Resolve Carriage Disputes Dead In Ontario?

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