28.1 (1) A solicitor may enter into a contingency fee agreement with a client in accordance with this section.  2002, c. 24, Sched. A, s. 4. Remuneration dependent on success (2) A solicitor may enter into a contingency fee agreement that provides that the remuneration paid to the solicitor for the legal services provided to or on behalf of the client is contingent, in whole or in part, on the successful disposition or completion of the matter in respect of which services are provided.  2002, c. 24, Sched. A, s. 4. No contingency fees in certain matters (3) A solicitor shall not enter into a contingency fee agreement if the solicitor is retained in respect of, (a) a proceeding under the Criminal Code (Canada) or any other criminal or quasi-criminal proceeding; or (b) a family law matter.  2002, c. 24, Sched. A, s. 4. Written agreement (4) A contingency fee agreement shall be in writing.  2002, c. 24, Sched. A, s. 4. Maximum amount of contingency fee (5) If a contingency fee agreement involves a percentage of the amount or of the value of the property recovered in an action or proceeding, the amount to be paid to the solicitor shall not be more than the maximum percentage, if any, prescribed by regulation of the amount or of the value of the property recovered in the action or proceeding, how ever the amount or property is recovered.  2002, c. 24, Sched. A, s. 4. Greater maximum amount where approved (6) Despite subsection (5), a solicitor may enter into a contingency fee agreement where the amount paid to the solicitor is more than the maximum percentage prescribed by regulation of the amount or of the value of the property recovered in the action or proceeding, if, upon joint application of the solicitor and his or her client whose application is to be brought within 90 days after the agreement is executed, the agreement is approved by the Superior Court of Justice.  2002, c. 24, Sched. A, s. 4. Factors to be considered in application (7) In determining whether to grant an application under subsection (6), the court shall consider the nature and complexity of the action or proceeding and the expense or risk involved in it and may consider such other factors as the court considers relevant.  2002, c. 24, Sched. A, s. 4. (8) Repealed: 2018, c. 8, Sched. 31, s. 3 (1). Enforceability of greater maximum amount of contingency fee (9) A contingency fee agreement that is subject to approval under subsection (6) is not enforceable unless it is so approved.  2002, c. 24, Sched. A, s. 4; 2018, c. 8, Sched. 31, s. 3 (2). Non-application (10) Sections 17, 18 and 19 do not apply to contingency fee agreements.  2002, c. 24, Sched. A, s. 4. Assessment of contingency fee (11) For purposes of assessment, if a contingency fee agreement, (a) is not one to which subsection (6) applies, the client may apply to the Superior Court of Justice for an assessment of the solicitor’s bill within 30 days after its delivery or within one year after its payment; or (b) is one to which subsection (6) applies, the client or the solicitor may apply to the Superior Court of Justice for an assessment within the time prescribed by regulation made under this section.  2002, c. 24, Sched. A, s. 4; 2018, c. 8, Sched. 31, s. 3 (3). Regulations (12) The Lieutenant Governor in Council may make regulations governing contingency fee agreements, including regulations, (a) governing the maximum percentage of the amount or of the value of the property recovered that may be a contingency fee, including but not limited to, (i) setting a scale for the maximum percentage that may be charged for a contingency fee based on factors such as the value of the recovery and the amount of time spent by the solicitor, and (ii) differentiating the maximum percentage that may be charged for a contingency fee based on factors such as the type of cause of action and the court in which the action is to be heard and distinguishing between causes of actions of the same type; (b) governing the maximum amount of remuneration that may be paid to a solicitor pursuant to a contingency fee agreement; (c) in respect of treatment of costs awarded or obtained where there is a contingency fee agreement; (d) prescribing standards and requirements for contingency fee agreements, including the form of the agreements and terms that must be included in contingency fee agreements and prohibiting terms from being included in contingency fee agreements; (e) imposing duties on solicitors who enter into contingency fee agreements; (f) prescribing the time in which a solicitor or client may apply for an assessment under clause (11) (b); (g) exempting persons, actions or proceedings or classes of persons, actions or proceedings from this section or any other provision in sections 16 and 20 to 32 in relation to contingency fee agreements, or from a regulation made under this section or any provision of such a regulation.  2002, c. 24, Sched. A, s. 4; 2018, c. 8, Sched. 31, s. 3 (4). Section Amendments with date in force (d/m/y) 2002, c. 24, Sched. A, s. 4 - 01/10/2004 2018, c. 8, Sched. 31, s. 3 (1-4) - 01/07/2021