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The Court of Appeal upheld a motion judge's reallocation of minor settlement funds and reduction of solicitor contingency fees.
An appeal from a motion judge's order approving a $12.5 million settlement for a minor who suffered a severe brain injury in a high school rugby match.
The motion judge approved the overall settlement but reallocated funds to ensure adequate provision for the plaintiff's future care costs and reduced the solicitor's contingency fees from 30% to 20%, disallowing an additional $339,000.
The appellants challenged both the reallocation of funds and the fee reduction.
The Court of Appeal dismissed the appeal, finding no basis to interfere with the motion judge's discretionary decisions regarding the allocation of funds for future care or the reduction of solicitor's fees.
Appeal dismissed; experts must answer questions on the foundation of their opinions during cross-examination on affidavits.
The plaintiffs in a personal injury action appealed an order requiring their expert witnesses to answer questions regarding the foundation and assumptions of their opinions during cross-examination on affidavits filed in response to a summary judgment motion.
The Divisional Court dismissed the appeal, finding no error in the motions judge's ruling that cross-examination on an expert's affidavit should be subject to the same rules as other affiants and is not strictly limited to the four corners of the affidavit.
