Paragraph 16 provides for the possibility of Stockwoods applying
to the court for approval to include in the fee payable to Stockwoods a percentage of any amount paid to the appellants by the
Government of Canada for legal fees. That amount would be in
addition to the percentage of any settlement or judgment owed to
Stockwoods under para. 4 of the agreement.
 Paragraph 15 reads in part:
Unless otherwise ordered by a Court, the Clients are entitled in the first
instance to receive any legal costs awarded by the Court, on a partial indemnity scale or substantial indemnity scale, if the Clients are the party entitled
to legal costs.
 Paragraph 16 of the agreement states:
However, the Clients and Stockwoods LLP acknowledge and agree that, given
the exceptional circumstances that may arise in this case and subject to the
Court’s approval, their mutual intent is that if the Clients receive any settlement, judgment or other recovery amount that includes an award of legal
costs (including any such award for fees or disbursements), then any such
amounts received by the Clients as legal costs be included in the net amounts to
which the Fee calculation in para. 4 of this agreement is applied. Accordingly, if
requested by Stockwoods LLP, the Clients agree to join in an Application under
s. 28(8) [sic] of the Solicitors Act R.S.O. 1990, c. S-15 for approval by the Court
of the payment to Stockwoods LLP of an appropriate percentage portion of any
legal costs amounts received, by way of settlement, judgment, or otherwise.
 I will return to the language of para. 16 in more detail below.
Relevant Provisions of the Solicitors Act
 Subject to exceptions which are irrelevant to this case,
s. 28.1 of the Act allows solicitors and clients to enter into contingency fee agreements. The content of those agreements is
circumscribed by the Act and regulations made under the Act.
Contingency fee agreements are also subject to assessment under
the “fair and reasonable” standard set down in ss. 23 and 24 of
the Act: see Cookish v. Paul Lee Associates Professional Corp.,
 O.J. No. 1947, 2013 ONCA 278, 39 C.P.C. (7th) 227, at
paras. 42-43; Raphael Partners v. Lam (2002), 61 O.R. (3d) 417,
 O.J. No. 3605 (C.A.); Henricks-Hunter (Litigation guardian
of) v. 814888 Ontario Inc. (c.o.b. Phoenix Concert Theatre), 
O.J. No. 3207, 2012 ONCA 496, 28 C.P.C. (7th) 227.
 Section 28.1(8) is the key provision of the Act for present
purposes. It provides:
28.1(8) A contingency fee agreement shall not include in the fee payable
to the solicitor, in addition to the fee payable under the agreement, any
amount arising as a result of an award of costs or costs obtained as part of
a settlement, unless,