An application to approve a settlement for a plaintiff under disability, injured in a motor vehicle accident, was adjourned by the Ontario Superior Court of Justice.
The court found the submitted affidavits from the litigation guardian and solicitor to be inadequate, lacking sufficient detail regarding the plaintiff's injuries, their current status, and the justification for the proposed legal fees, particularly concerning any contingent fee arrangement.
The court emphasized its responsibility to ensure the settlement is in the best interests of the party under disability and that legal rights are not compromised without proper compensation, and that fees are justified.
Further affidavits were directed to address these deficiencies.
