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This decision concerns a Rule 7 motion for court approval of a proposed settlement for an infant plaintiff who sustained a traumatic brain injury in a motor vehicle collision.

The court approved the settlement quantum of $1,485,000 but significantly reduced the solicitor's contingency fee from the requested 30% to 20% of the net settlement.

The judge found the 30% fee unreasonable and excessive, citing the low-risk nature of the case, the certainty of recovery, and concerns regarding counsel's conduct, including delays and initial deficiencies in motion materials.

The court also directed further steps for structuring the settlement funds and initiating a guardianship of property application.

The plaintiff's action, stemming from a 1972 workplace accident and subsequent denied WSIB claims, was referred for dismissal under Rule 2.1.01 of the Rules of Civil Procedure.

The court found the action to be an abuse of process, as it attempted to re-litigate claims dismissed in a 2004 summary judgment.

Furthermore, new allegations of bribery, corruption, and conflict of interest were deemed frivolous and vexatious.

The action was dismissed, with no order as to costs.

The defendant brought a request under Rule 2.1.01(6) of the Rules of Civil Procedure to dismiss the plaintiff's statement of claim, alleging it was frivolous, vexatious, or an abuse of process.

The court found that despite the statement of claim leaving much to be desired, it could not be dismissed solely based on a review of the pleading, as there might be an arguable case.

The defendant's request to dismiss the proceeding was denied, and the court advised the defendant to seek other appropriate relief under the Rules.