R. Murray

The plaintiff brought a motion under Rule 7.08 for approval of a settlement of a disability benefits claim for a person under disability.

The action settled for an all-inclusive amount of $113,553.00.

The court previously approved the settlement but reserved on the issue of plaintiff counsel's fees, directing a breakdown of the all-inclusive amount.

After reviewing the breakdown and the contingency fee agreement, the court found the 33.33% fee on the damages portion to be fair and reasonable, approving total fees and disbursements of $39,629.17.

The plaintiff, a person under disability, brought a motion under Rule 7.08 for approval of a settlement of his long-term disability claim against the defendant for an all-inclusive amount of $113,553.

The court found the settlement amount to be fair and reasonable.

However, the court adjourned the approval of the plaintiff's counsel's contingency fee, directing counsel to provide a breakdown of the all-inclusive settlement to ensure the fee was calculated only on the damages portion, as required by the retainer agreement.

The defendants brought a motion to transfer the personal injury trial from Barrie to Toronto.

The incident occurred in Toronto, and most parties and witnesses resided there.

However, the court found that transferring the action to Toronto would result in a substantial delay of at least three years due to court backlogs.

Balancing the factors under Rule 13.1.02(2), the court concluded that the delay would cause undue prejudice to the plaintiff, who was suffering from a traumatic brain injury and financial strain.

The motion was dismissed, keeping the trial in Barrie.