Jeffrey Baum

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 plaintiff sought damages for injuries sustained in a rear-end motor vehicle accident.

Two years after the accident, the plaintiff suffered a severe stroke that left him totally disabled.

The central issue was whether the accident caused the stroke due to the plaintiff's alleged increased smoking and sedentary lifestyle following the collision.

The court found the stroke was an unrelated intervening event, relying on expert evidence that the plaintiff's heavy smoking predated the accident and his lifestyle was not sufficiently sedentary to cause a deep vein thrombosis.

The court awarded $100,000 in general damages for the accident-related chronic pain and mechanical back issues, but denied future income loss and most future care costs, as the plaintiff's total disability was caused by the non-compensable stroke.