32 (1) An agreement respecting fees and disbursements between a solicitor and a representative party shall be in writing and shall, (a)  state the terms under which fees and disbursements shall be paid; (b)  give an estimate of the expected fee, whether contingent on success in the class proceeding or not; and (c)  state the method by which payment is to be made, whether by lump sum, salary or otherwise.  1992, c. 6, s. 32 (1). Court to approve agreements (2) An agreement respecting fees and disbursements between a solicitor and a representative party is not enforceable unless approved by the court, on the motion of the solicitor.  1992, c. 6, s. 32 (2). Fees must be fair and reasonable (2.1) The court shall not approve an agreement unless it determines that the fees and disbursements required to be paid under the agreement are fair and reasonable, taking into account, (a)  the results achieved for the class members, including the number of class or subclass members expected to make a claim for monetary relief or settlement funds and, of them, the number of class or subclass members who are and who are not expected to receive monetary relief or settlement funds; (b)  the degree of risk assumed by the solicitor in providing representation; (c)  the proportionality of the fees and disbursements in relation to the amount of any monetary award or settlement funds; (d)  any prescribed matter; and (e)  any other matter the court considers relevant. 2020, c. 11, Sched. 4, s. 29 (1). Same (2.2) In considering the degree of risk assumed by the solicitor, the court shall consider, (a)  the likelihood that the court would refuse to certify the proceeding as a class proceeding; (b)  the likelihood that the class proceeding would not be successful; (c)  the existence of any other factor, including any report, investigation, litigation, initiative or funding arrangement, that affected the degree of risk assumed by the solicitor in providing representation; and (d)  any other prescribed matter. 2020, c. 11, Sched. 4, s. 29 (1). Same (2.3) In determining whether the fees and disbursements are fair and reasonable, the court may, by way of comparison, consider different methods by which the fees and disbursements could have been structured or determined. 2020, c. 11, Sched. 4, s. 29 (1). Priority of amounts owed under approved agreement (3) Amounts owing under an enforceable agreement are a first charge on any settlement funds or monetary award.  1992, c. 6, s. 32 (3); 2020, c. 11, Sched. 4, s. 29 (2). Determination of fees where agreement not approved (4) If an agreement is not approved by the court, the court may, (a)  determine the amount owing to the solicitor in respect of fees and disbursements; (b)  direct a reference under the rules of court to determine the amount owing; or (c)  direct that the amount owing be determined in any other manner.  1992, c. 6, s. 32 (4). Considerations (5) In making an order under clause (4) (a), the court shall take into account the factors set out in subsection (2.1), in accordance with subsections (2.2) and (2.3). 2020, c. 11, Sched. 4, s. 29 (3). Holdback (6) The court may determine and specify an amount or portion of the fees and disbursements owing to the solicitor under this section that shall be held back from payment until, (a)  the report required under subsection 26 (12) or 27.1 (16), as the case may be, has been filed with the court and the court is satisfied that it meets the requirements of that subsection; and (b)  the court is satisfied with the distribution of the monetary award or settlement funds in the circumstances, including the number of class or subclass members who made a claim for monetary relief or settlement funds and, of them, the number of class or subclass members who did and who did not receive monetary relief or settlement funds. 2020, c. 11, Sched. 4, s. 29 (3). Section Amendments with date in force (d/m/y) 2020, c. 11, Sched. 4, s. 29 (1-3) - 01/10/2020