2 total
A motion to approve a settlement for a person under disability was dismissed without prejudice due to deficient supporting materials.
The plaintiffs brought a motion to approve a settlement on behalf of Sheila Clarke, a person under disability, arising from a slip and fall incident.
The motion was dismissed without prejudice due to numerous deficiencies in the supporting materials.
The court found issues with redactions without justification, absence of minutes of settlement, lack of medical information and assessment of damages, insufficient liability assessment, and deficient affidavits from both the lawyer and the litigation guardian.
Furthermore, the court noted a lack of detailed evidence regarding legal fees and disbursements, including a contingency fee agreement.
Action struck from trial list because interlocutory steps and expert reports were incomplete.
The plaintiff set the action down for trial and counsel attended trial scheduling court to fix a date.
The judge convened a case conference and determined that the action, commenced in 2014 regarding a construction dispute, was not ready for trial.
Interlocutory steps including undertakings, potential refusal motions, and expert reports were incomplete, and a companion action had sat dormant.
The judge struck the action from the trial list, directing counsel to return only when the matter is truly ready for trial.
