Darren M. Delaney

The appellant, Domarina Malek, appealed a Superior Court order that enforced a settlement agreement and dismissed her claim, denying her request for an adjournment.

Malek, who became self-represented after her counsel withdrew, argued she was under duress and mentally incapacitated when agreeing to the settlement.

The motion judge denied the adjournment, citing the long-standing litigation and Malek's failure to secure new counsel or provide medical evidence.

The Court of Appeal dismissed the appeal, finding the motion judge's denial of the adjournment was a reasonable exercise of discretion, given the contextual factors including the duration of the litigation, lack of explanation for not retaining new counsel, absence of medical evidence, and failure to attend a pre-trial.

The plaintiffs brought a motion seeking reconsideration and amendment of a prior endorsement that approved a minor's settlement in a tort action.

The motion sought to clarify or correct findings regarding the settlement quantum, structured settlements for minors, and the enforceability of contingency fee and referral fee agreements.

The court dismissed the motion for reconsideration, except for a minor accidental slip, reaffirming the narrow scope for judicial reconsideration of decisions before formal judgment entry, emphasizing that such motions are generally not a substitute for appeal.

The minor plaintiff was struck by a vehicle while crossing the road after collecting mail.

A settlement of $400,000 was reached at mediation.

The litigation guardian brought a motion for court approval of the settlement, legal fees under a contingency fee agreement, and a referral fee.

The court approved the settlement amount for the minor plaintiff but found the contingency fee agreement and referral fee agreement unenforceable due to non-compliance with statutory and Law Society requirements.

Legal fees were reduced and approved on a quantum meruit basis.

Following a 34-day jury trial for a fatal motor vehicle accident, the court determined several post-verdict issues.

The jury awarded damages to a minor plaintiff who sustained a traumatic brain injury and to his half-sister, while finding the co-defendants not liable.

The court declined to amend the jury's $55,000 award for post-secondary studies, finding it was not a mere clerical error.

The court exercised its discretion to award prejudgment interest from the date the insurer had actual knowledge of the claim, despite the lack of formal written notice under the Insurance Act.

A management fee of $30,000 was awarded based on the real and substantial possibility that the minor plaintiff would be found incapable of managing his property upon turning 18.

On costs, the court declined to give weight to the unsuccessful defendant's non-compliant global settlement offer because it failed to allocate amounts among the separately represented plaintiffs.

The unsuccessful defendant was ordered to pay the plaintiffs' partial indemnity costs and the successful defendants' costs up to the date it admitted liability via a Sanderson order.