Lindsay Rodenburg

The Police Defendants brought a motion for a status hearing under Rule 48.14(5), (6), and (7) seeking an order to dismiss the action for delay.

The plaintiffs provided explanations for a four-year delay, primarily citing the incarceration of Krystle Oag, which made mandatory mediation impossible for a significant period.

The court found the incarceration to be an acceptable explanation for three of the four years of delay.

Despite a presumption of prejudice, the plaintiffs successfully rebutted it by demonstrating that all relevant documents were produced, key witness memories were captured in discovery transcripts, and all key witnesses remained available for trial.

The motion to dismiss for delay was dismissed, and no costs were awarded due to the poor quality of the plaintiffs' evidence explaining the delay.

The court also ordered a timetable for remaining interlocutory steps, including noting a defendant in default, mandatory mediation, and setting the action down for trial.

The plaintiffs sought court approval of an infant settlement and disbursement of funds.

The court approved the $58,000 settlement for the infant plaintiff, Bentley Hall, who suffered abuse at school.

However, the court declined to approve the request to pay the net settlement funds into a Registered Disability Savings Plan (RDSP), ordering them paid into court instead, citing a lack of exceptional circumstances to deviate from Rule 7.09(1).

Furthermore, the court refused to enforce the plaintiffs' contingency fee agreement (CFA) because it was not in writing, as required by the Solicitors Act and its Regulation.

The proposed legal fees were also deemed unreasonable and disproportionate, leading the court to assess and reduce them from $15,461.79 to $11,865 (including HST).