Beverlee Melamed

In a medical malpractice action where liability was admitted for birth injuries causing cerebral palsy, the plaintiffs moved for partial summary judgment seeking a further advance payment of $600,000 for future care costs.

The defendant objected to the admissibility of the plaintiffs' expert report on procedural grounds.

The court admitted the report to ensure a just determination and granted the partial summary judgment, finding this to be a rare case where an advance payment was appropriate given the admitted liability and the child's significant ongoing needs.

The court ordered the $600,000 payment subject to the parties' experts meeting to agree on the specific care needs to be funded.

The plaintiffs sought court approval for a $12.5 million settlement arising from a catastrophic brain injury sustained by a 16-year-old during a high school rugby match.

The court reviewed the proposed structured settlement, private investment plan, and legal fees.

Finding the 30% contingency fee unreasonable given the size of the settlement and the exclusion of the OHIP subrogated claim, the court reduced the legal fee to 20% and directed the savings to the plaintiff's future care fund.

The settlement was approved with these modifications.