ࡱ> WYV ^/bjbj wP>'bb$P5l$M$O$O$O$O$O$O$0&(XO$O$d$XM$M$X#[ $jǐL#H9$z$0$#*)z*)$ $*) $,@|d nO$O$D$*)b k: TO: Danson, Schwarz, Recht LLP Danson, Schwarz, Recht LLP 700 Bay Street, Suite 200 Toronto, ON M5G 1Z6 RE: (416) 929-2200 (phone) (416) 929-2192 (fax) DATE OF LOSS: CONTINGENCY FEE RETAINER AGREEMENT - SABS ! I retain you to act as my solicitors for the action noted above; ! This retainer replaces and supersedes all previous retainers made by me, whether in writing or orally, and regardless of any representations made to me by anyone about your fees; ! Except as noted below, I understand that you will bill me for your work done in this matter upon payment of any weekly benefit, or on reaching a settlement or at the end of a successful trial or arbitration; ! If you are required to charge me on an hourly basis, the following rates apply: Arnold Recht - $550.00 per hour Jayson B. Schwarz - $550.00 per hour Peter T.J. Danson - $400.00 per hour Marjan Delavar - $300.00 per hour Legal Assistant - $150.00 per hour  ! In consideration of your acting for me, I agree to pay you at a weekly rate, calculated as follows: a contingency of 25% of all and any statutory accident benefits paid by my insurer, of any kind at any time payable as I am paid by the insurer, plus all applicable disbursements and taxes. If this case is settled before the beginning of arbitration or trial; your fees will be 25% of any amount awarded or paid for statutory accident benefits, interest and special award, plus all outstanding disbursements and taxes, plus any costs awarded, but in any event, not more than the amount of the settlement; ! I further understand that if there is a structured settlement, the rate to be charged will be based on the present value of the structure, as determined by McKellar's Structured Settlements, or such other company that structures settlements as agreed to by us. ! The fees and hourly rates charged by you may be lesser or greater than fees charged by other lawyers for similar claims and that before signing the agreement I have the right to consult with and retain another lawyer, and that I have chosen to hire you based on this contingency fee retainer arrangement; ! I understand that all the usual protections and controls on retainers between solicitor and client, as defined by the Law Society of Upper Canada and the common law apply to the contingency fee agreement. ! I understand that I retain the right to make all critical decisions with respect to the conduct of the claim for statutory accident benefits, and in particular whether or not to proceed to mediation, arbitration or court, and whether or not to accept or reject a settlement offer made by the Insurer, however you will have the right to make all decisions with respect to the procedure to be followed, the timing of various steps in the case, and the dates when the action is to be heard or tried, and all other required procedural steps in an action or arbitration. ! I have the right to ask the Superior Court of Justice to review and approve of your solicitor's bill and I have a period of 30 days after receipt of your bill to apply for the review. ! You have explained to me other options for retaining you, including payment of the hourly rate, set out above, on the basis that I pay this at various stages throughout the conduct of any law suit. ! I understand that if I commence an action and lose, I may be ordered to pay the costs or expenses of arbitration of the Insurer on a partial or substantial indemnity basis. ! You have explained to me that I shall pay, fees based on the following example, which also assumes that I have paid all disbursements during the course of the action: Settlement of $100,000.00 for claim and interest, plus $16,050.00 for costs/expenses of arbitration, inclusive of GST, plus $1,000.00 for disbursements. On this basis, you will bill me $29,012.50, plus GST out of the portion for claim and interest; you will be reimbursed $1,000.00 for the disbursements paid by me. ! I understand that if I want to commence any mediation, arbitration or action against the Insurer, I must do so within two years of the date the Insurer first denied any claim for benefits. I further understand that I must pay a suitable monetary retainer (usually $500.00) within a reasonable time before the limitation period expires in this case, in the event you must proceed to court or arbitration, and that unless I pay this monetary retainer, you will not take any action to protect a limitation period on my behalf. ! I understand that I am responsible to pay for all disbursements that you incur on my behalf to prosecute this claim for statutory accident benefits, including, but not limited to: court/arbitration filing fees, medical reports, accounting reports, clinical notes and records of treating health care practitioners, engineering reports, and the cost of bringing witnesses, including expert witnesses to trial or arbitration. ! I understand that I must pay all reasonable disbursements incurred by you to prosecute my case as they occur from time to time, and that you may require me to provide you with funds in trust to cover these expenses and disbursements. ! If my case must proceed to trial or arbitration, your fees shall be calculated as set out above, except that the contingency will relate to claim and interest and costs accumulated to and including the first pretrial or pre-hearing in this case, and that in addition, your contingency fees will include an amount equivalent to the amount awarded or agreed to for counsel fees after the first pretrial or prehearing, and I hereby consent to you applying, jointly with you, pursuant to s. 28.1(8) of the Solicitors Act, for leave of the court to enforce this agreement. ! I further agree that you have the right to refer me to another counsel for the conduct of any Arbitration or trial if you advise me that the alternative counsel will be more effective in the circumstances that your firm. ! I understand that I may terminate this retainer at any time before the conclusion of the case. If I do, you will bill me for the time you have spent at the hourly rates set out above, and that your account for fees, disbursements and all applicable taxes will become due and payable immediately after its delivery. ! You may terminate this retainer and submit your account for services rendered to that date if any of the following occurs: $ I retain other counsel for this or any other case you are currently handling for me; $ If I refuse to engage an alternative counsel recommended by you; $ I fail to communicate with you after your reasonable attempts to contact me; $ I ask you to proceed to trial or in court on a matter that you believe is manifestly frivolous, vexatious, fraudulent or an abuse of process of the court; $ I fail to accept an offer to settle that you reasonably believe should be accepted; $ I fail to provide you with such funds as you may require from time to time to pay for necessary disbursements; $ I fail to provide you with such funds as a deposit towards fees as you may require from time to time, as noted above; $ I fail to pay a disbursement account within thirty days of the date it is sent to me; $ I insist on proceeding to trial without providing you with sufficient funds to pay for such disbursements as you reasonably believe are required to prosecute my case in court. I understand that any bill you present, which is not paid out of funds in your trust account, will incur interest at the rate of 2% per month from thirty (30) days after the date of the account, until paid. I understand that I shall be responsible for all costs and expenses you incur to have your firm removed as solicitors of record, if I fail or refuse to sign a Notice of Intention to Act in Person after you have terminated this retainer as set out above. I understand that to provide me with goods and services, you will collect some personal information about me (e.g. home telephone number, address, birth date, etc). I have reviewed your Privacy Policy about the collection, use and disclosure of personal information, steps to taken to protect the information and my right to review my personal information. I understand how the Privacy Policy applies to me. I have been given a chance to ask any questions that I have about the Privacy policies and they have been answered to my satisfaction. I give you permission to provide me with notice when it is time to review whether I need new goods or services; to provide me with newsletters and other informational mailings from your firm; and to provide me with notice of promotions and special offers, if any. I understand that, as explained in the Policies and Procedures for Personal Information, there are some rare exceptions to these commitments. I further give permission for you to send and receive email with me, any adjuster, lawyer, employer, or health care practitioner dealing with my claim, including any documents or messages you deem appropriate in an unscrambled condition and to utilize the Internet in the prosecution of my case as you deem appropriate. I agree to allow you to collect, use and disclose personal information about me as set out above and in your Privacy Policy. 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