The Ontario Court of Appeal had dismissed the appeal in Almalki v. Canada (Attorney General), 2019 ONCA 26, brought by Abullah Almalki – a Canadian who was falsely accused of terrorism, then tortured and imprisoned in Syria – disputing the contingency fee agreement he made with his lawyers on a settlement he received from the Canadian government for complicity in his ordeal.
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Darcy Merkur, a personal injury lawyer and partner at Thomson Rogers in Toronto, says the ruling counters the growing assumption that contingency fees are easy profit for personal injury lawyers.
“There has been a growing philosophy that personal injury lawyers profit regularly by way of contingency fee agreements. And while that is often true, the opposite proves to be true quite often as well. And a lot of these cases do not turn out to be profitable, especially ones that go to the doorsteps of trial or beyond.”
View the full article written by Aidan Macnab as it originally appeared in the January 28, 2019 issue of Law Times: Torture victim appeal dismissed in fee dispute