Contingency fees, where lawyers charge a percentage of the damages recovered, are synonymous with access to justice. This fact has been repeated by numerous Courts at all levels. Perhaps the most eloquent statement is that of Justice Peter Cory who in Coronation Insurance Co. v. Florence [1994] S.C.J. No. 116 noted that the aim of a contingency fee “ … is to make court proceedings available to people who could not otherwise afford to have their legal rights determined. This is indeed a commendable goal that should be encouraged.
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