SUPPLEMENT NO. 1, JULY 16, 1948.
he agreement has been examined and allowed by a taxing officer of the court, and if the taxing officer is of opinion that the agree- ment is unfair or unreasonable, he may require the opinion of the court to be taken thereon and the court may reduce the amount payable thereunder, or order the agreement to be cancelled and the costs covered thereby to be taxed as if the agreement had never been made.
(6) When the amount agreed for under any such agree- ment has been paid by or on behalf of the client or by any person. entitled so to do, the person making the payment may at any time within twelve months after payment apply to the court and the court if it appears to it that the special circumstances of the case require the agreement to be reopened, may on such terms as may be just, reopen the agreement and may order the costs covered thereby to be taxed and the whole or any part of the amount received by the solicitor to be repaid by him.
(7) Where any such agreement is made by the client as the guardian or committee of, or as a trustee under a deed or will for, any person whose property will be chargeable with the whole or any part of the amount payable under the agreement, the agreement shall, before payment, be laid before the taxing officer of the court, and that officer shall examine the agreement and may disallow any part thereof, or may require the opinion of the court to be taken thereon.
(8) Any such client as is mentioned in sub-section (7) who pays the whole or any part of the amount payable under the agreement without the agreement having been allowed by the taxing officer or by the court, shall be liable at any time to account to the person whose property is charged with the whole or any part of the amount so paid for the sum so charged and the solicitor who accepts the payment may be ordered by the court to refund the amount received by him.
court " means
(9) In this section and in section 55"
(a) in relation to an agreement under which any business has been done in any court having jurisdiction to enforce and set aside agreements, any such court in which any of that business has been done;
.
(b) in relation to any agreement under which no business has been done in any such court, and under which more than one thousand dollars is payable, the court in its original jurisdiction;
(c) in relation to an agreement under which no business has been done in any such court, and under which not more than one thousand dollars is payable, the court in its summary jurisdiction.
159
55. (1) If, after some business has been done under an Death, agreement made in pursuance of the provisions of section 53 but incapability, before the solicitor has wholly performed it, the solicitor dies or or change of becomes incapable of acting, any party to, or the representative solicitor, etc. of any party to, the agreement, may apply to the court and the
22 and 23 Geo. 5
c.37, s.61.
1