ONTARIO

SUPERIOR COURT OF JUSTICE

COURT FILE NO. CV-09-392448
DATE: 20120815

BETWEEN: ETHAN McFARLAND, a minor by his Litigation Guardian Lisa McFarland, LISA McFARLAND and SCOTT McFARLAND (Plaintiffs)

AND : OXFORD PROPERTIES GROUP INC., carrying on business as YORKDALE PLAZA and RAINFOREST CAFÉ (Defendants)

BEFORE: J.C. WILKINS J.

COUNSEL:
Mr. Jeffrey S. Shinehoft for the Plaintiffs
Ms. Ruth A. Henneberry for the Defendant Rainforest Cafe

ENDORSEMENT

[ 1 ] New material sent in attempts to clear up the confusion created by the earlier material.

[ 2 ] Originally, Justice Grace dealt with this matter, requested five items of correction to the original material. The next record filed was confusing as to how the money should be divided among the various persons involved. This last record sorts out the settlement as follows:

Total Settlement Proposed (including everything) $30,000.00

Partial Indemnity Fees including HST 3,972.14

Disbursements 3,272.86

Total for Partial Indemnity Fees, HST & Disbursements 7,245.00

[ 3 ] This leaves a balance of $22,755.00 as money for the settlement of all claims and interest. The solicitor proposes paying each parent $500 for their FLA claims, leaving $21,755.00.

[ 4 ] OHIP, it is suggested, should be paid $2,250.00, leaving $19,505.

[ 5 ] The solicitor requests fees of $3,750 over and above the partial indemnity fees, making total fees and HST at $7,722.14.

[ 6 ] The retainer agreement is not filed and the new updated dockets are not totaled but the solicitor says that dockets of pure time on an hourly rate basis (increasing over time) total $8,470.60.

[ 7 ] $19,505 minus $3,750 leaves $15,755.00 for payment into court for all the infant's claims and interest. OHIP presumably pays something for its recovery.

[ 8 ] The solicitor's fees are roughly $6,825 plus HST, or about 43% of the amount the infant recovers.

[ 9 ] With fees, HST and disbursements, $10,995 in total goes to the cost of the litigation valued at $30,000. 37% of the total recovery is costs and expenses and 43% of the net money is fees and 57% goes to the client.

[ 10 ] Some of the fees charged are a redundancy as three records were produced due to careless workmanship in the earlier filing. Even now, increases in fee rates charged during the currency of the file are not shown as approved by the litigation guardian at the time and no original retainer agreement was filed.

[ 11 ] Please cure these deficiencies ASAP to allow completion of this settlement.

J.C. WILKINS J.

Released: