Professor Carr

The plaintiffs brought a motion under Rule 7.08 for court approval of a $10,000,000 settlement arising from a medical malpractice claim involving severe birth injuries to the minor plaintiff.

The minor plaintiff sustained permanent neurological injuries, including cerebral palsy, requiring 24-hour care for the rest of her life.

The court approved the settlement allocation for the minor, her parents, and OHIP, finding it fair and reasonable given the significant litigation risks regarding standard of care and causation.

The court also authorized the parents to use a portion of their settlement funds to immediately purchase a wheelchair-accessible home, while reserving its decision on the proposed $3,136,500 counsel fee pending input from the Office of the Children's Lawyer.

The plaintiffs were successful at a jury trial for damages arising from a motor vehicle accident, with the defendant Hann found fully liable and the defendant Albright found not liable.

In this post-trial endorsement, the court addressed several issues including costs, policy limits, and Family Law Act damages.

The court found the plaintiffs' motion regarding the insurer's policy limits premature.

The court granted a Sanderson order, requiring the unsuccessful defendant to pay the successful defendant's costs, finding it was reasonable for the plaintiffs to keep the successful defendant in the action.

The court fixed the plaintiffs' costs on a partial and substantial indemnity basis.

Finally, the court upheld the jury's award of Family Law Act damages to the plaintiff mother for 'on-demand guidance' provided to her brain-injured daughter, finding such support compensable as 'other services' under s. 61(1)(d) of the Family Law Act.