COURT FILE NO. 06-CV-315750
DATE: 20120720
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN: Stephanie Marie Henricks-Hunter, by her litigation guardian, the Office of the Public Guardian and Trustee, Britney Starr Henricks, by her litigation guardian, Michael Alberts Henricks, Arianna Monique Hunter, a minor by her litigation guardian, Atley Hunter, Michael Albert Henricks, Cecilia Delprima Henricks and Michael Edward Henricks (Plaintiffs)
AND : 814888 Ontario Inc., carrying on business as Phoenix Concert Theatre and Sherbourne Community Clinic Inc. (Defendants)
BEFORE: J.C. WILKINS J.
COUNSEL: Ms. Laurie Redden for the Public Guardian & Trustee
Mr. Neil E. Sacks for Howie Sacks & Henry, counsel to the Public Guardian & Trustee
ENDORSEMENT
[ 1 ] This matter, having been referred back to a motions judge to decide the issue of reasonableness of the contingency fee agreement, has returned to me.
[ 2 ] A preliminary review gave rise to my earlier Endorsement organizing the process for the determination as directed by the appellate court.
[ 3 ] Since that time, a review of the material suggests that, when the matter was appealed and Ms. Hunter became a respondent unrepresented on the appeal and given the conflicts between the PG&T and Ms. Hunter, at that stage, a litigation guardian should specifically have been appointed for purposes of the appeal as provided in Rule 7.03.
[ 4 ] There is no evidence in the file to show that the PG&T had undertaken the position of actual guardian or otherwise put themselves in one of the exceptions. I do not decide or comment on the effect of this potential problem; however, since it calls into question the jurisdiction of the Court and the validity of the proceedings before the Court of Appeal, it is a question that must be answered before a motions judge deals with the other issues.
[ 5 ] The PG&T, counsel on the motion and independent counsel for Ms. Hendricks-Hunter are directed to review this issue and take such steps or make such submissions as may be advisable.
J.C. WILKINS J.
Released: