Ian Furlong

The Public Guardian and Trustee, acting as litigation guardian for the plaintiff, brought a Rule 7 motion to approve a $1,180,000 settlement of the plaintiff's statutory accident benefits claims.

The plaintiff, who had been found to be a party under a disability, objected to the settlement and the involvement of the litigation guardian.

The court found the settlement to be eminently reasonable and in the plaintiff's best interests, noting her severe psychological decline and failure to comply with treatment.

The settlement was approved, with the bulk of the funds placed in a structured annuity.

The plaintiffs and defendant settled a motor vehicle accident claim for $732,835 just prior to trial, leaving costs to be determined by the court.

The plaintiffs sought partial indemnity costs of approximately $572,000, while the defendant proposed approximately $394,000.

The court noted that liability was clear from the outset, yet the defendant failed to admit liability and delayed making an offer to settle until two weeks before trial, unnecessarily increasing the plaintiffs' costs.

After adjusting for excessive hourly rates for students/clerks and some excessive preparation time, the court fixed the plaintiffs' partial indemnity costs at $310,000 plus HST for fees and $160,000 inclusive of HST for disbursements.

The plaintiff sued the defendants for personal injuries sustained at a party.

The defendant McKellar's insurer appointed counsel to defend him under a reservation of rights, as the claim exceeded policy limits.

McKellar retained personal counsel for his over-limits exposure.

The insurer-appointed counsel negotiated a settlement within policy limits, which the plaintiff accepted.

McKellar's personal counsel objected to the settlement and brought a motion to be appointed co-counsel, seeking to have his legal fees paid from the settlement proceeds.

The court dismissed the motion, finding no divergence of interest between the insurer and the insured, and granted the plaintiff's motion for judgment in accordance with the settlement.