COURT FILE NO. 06-CV-315750
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
1This matter, having been referred back to a motions judge to decide the issue of reasonableness of the contingency fee agreement, has returned to me.
2A preliminary review gave rise to my earlier Endorsement organizing the process for the determination as directed by the appellate court.
3Since 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.
4There 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.
5The 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: