3 total
Minor settlement approval adjourned for 14 days to provide evidence supporting litigation guardian expenses.
The plaintiffs brought a motion under Rule 7 for approval of a $5,000 settlement for a minor who slipped and fell on a hotel pool deck.
The proposed distribution included $1,500 to the minor, $2,500 for legal disbursements, and $1,000 to the litigation guardian for expenses.
The court found the materials deficient because they lacked legal authority or evidence supporting the $1,000 payment to the litigation guardian.
The plaintiffs were ordered to provide the missing materials within 14 days, failing which the motion would be dismissed.
Summary judgment granted dismissing trip and fall claim where plaintiff knew of the hazard.
The plaintiff tripped and fell over a surface-mounted tennis post sleeve while playing cricket on a municipal tennis court.
The defendant municipality moved for summary judgment to dismiss the action.
The court granted the motion, finding no genuine issue for trial because the plaintiff admitted to knowing the posts were there but momentarily forgot about them, and the municipality's standard of care requires reasonableness, not perfection.
Adjournment request denied; late retention of counsel does not constitute extraordinary circumstances.
The respondent requested an adjournment of the scheduled hearing on the basis that counsel was recently retained and needed time to review the file.
The Tribunal denied the request, noting that parties are expected to retain counsel in a timely fashion and that adjournments are only granted in extraordinary circumstances.
