[49] The Applicant submits he ought not to be held to the Authorization and Direction. He argues that pursuant to the third retainer agreement, the Respondent should receive only 19% of all amounts recovered on his behalf ($850,000.00), inclusive of disbursements and HST which amounts to, $161,500.00, as opposed to the $233,539.50 deducted by the Respondent for fees, disbursements and HST.
[50] The Applicant argues he was rushed into signing it to finalize the settlement. He suffered a head injury in the motor vehicle accident and he argues he needed time to consider the document before signing. This was the same man however who successfully renegotiated the retainer agreement on two occasions. I accept the submissions of the Respondent that the Applicant, when attending at the mediation was accompanied by his brother and actively participated in the mediation.
[51] In my opinion the Applicant is bound by the Authorization and Direction. I accept he actively participated in all discussions and understood the nature of his actions. There is no evidence to the contrary. There was no medical evidence filed on this motion.
