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Citation: Jorisch v Toronto Catholic District School Board, 2017 ONSC 784 (CanLII), <http://canlii.ca/t/gx7wl>, retrieved on 2017-02-14

Excerpt of decision follows // Emphasis added

[15]   In the supplementary affidavit sworn October 11, 2016, Mr. Balena advised that the legal fees being claimed are in the amount of $3,864,600.00, plus disbursements of $275,000.00 for a total of $4,139,600.00. The defendants are contributing $1,100,000.00 in partial indemnity costs (inclusive of disbursements) which leaves a balance owing of $3,039,600.00 in legal fees. It was proposed that this sum be paid from the $3,400,000.00 balance of the settlement, leaving a net balance of $360,400.00. Out of this sum of $360,400.00 it was proposed that  $25,000.00 will be paid to Brittany Jorisch who is Wesley’s sister and  $335,400.00 will be paid Suzanne Jorisch for her FLA claim and a partial payment of her lost income while caring for her son. Suzanne Jorisch has been off work on a disability benefit claim since her son’s injury. George Jorisch, the father of Wesley, has forfeited his claim to any of these proceeds. The materials are silent on any allocation of settlement funds to the grandmother, Constance Mezofenyi and accordingly I am treating any FLA claim on her behalf as abandoned.

 

Source: Jorisch v Toronto Catholic District School Board, 2017 ONSC 784 (CanLII), par. 15, <http://canlii.ca/t/gx7wl#par15>, retrieved on 2017-02-14.


[64]   Therefore applying a 20% contingency fee on the figure as calculated at paragraph [50] above at $10,400,000.00 results in legal fees in the amount of $2,080,000 plus HST equals         $2,350,000.00. The difference then is calculated as follows:

 

The legal fees claimed            $3,864,600.00

The legal fees allowed            $2,350,000.00


Difference                              $1,514,600.00

 

Source: Jorisch v Toronto Catholic District School Board, 2017 ONSC 784 (CanLII), par. 64, <http://canlii.ca/t/gx7wl#par64>, retrieved on 2017-02-14.

 

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