Think Fee Agreements Are Privileged? Think Again: Alberta Court Affirms Privilege Over Fee Agreements More Easily Overcome In Class Proceedings

In LC v Alberta ("LC"), the Alberta Court of Queen's Bench considered a defendant's application for the production of contingency fee agreements.¹  In his reasons, Graesser J. reinforced that privilege over retainer agreements in a class proceeding is more easily overcome than in other types of proceedings.

Relevant Facts

Following certification of the class proceeding in LC, counsel for the representative plaintiff, Mr. Lee ("Lee"), brought an application for advance costs in the amount of $1.7 million.²  In response to the advance costs application, the defendant, Her Majesty the Queen ("HMQ"), sought and applied for the production of all contingency fee agreements.³

Advance Costs are an Exceptional Remedy