I. Liebner

The minor plaintiff, Jerome Pizzorusso, represented by his litigation guardian Marlene Pizzorusso, brought a motion to approve a proposed settlement for injuries sustained after being struck by the defendant's car.

The court adjourned the motion due to deficiencies in the materials, specifically the lack of updated medical evidence from a physician confirming the resolution of the minor plaintiff's head injury symptoms and the procedural requirement to commence a separate application to settle the accident benefits claim.

The plaintiff moved for an order to restore their 2009 motor vehicle accident action to the trial list, which had been administratively struck off on July 25, 2014, due to the plaintiff's firm's failure to schedule pre-trial and trial dates.

The defendants opposed the restoration, citing delay.

The court, considering recent amendments to the Rules of Civil Procedure (Rule 48.14) and Court of Appeal guidance (Carioca's), found that the plaintiff provided an acceptable explanation for the delay and that the defendants failed to demonstrate non-compensable prejudice.

The motion was granted, restoring the action to the trial list, with costs of the motion fixed at $3000 to be in the cause.