Court File and Parties

COURT FILE NO.: 10309/07

DATE: 20121123

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Coutu Horne, Sara Coutu-Horne and Hayden Coutu-Horne, an infant under the age of eighteen years by his Litigation Guardian, Sara Coutu-Horne, Plaintiffs

AND:

Heather Larton, John Provatopoulos, Sanjiv Mathur, Susan Wiebe, Jean McKay, Heather Matt, Barbara Hall, Christina Hart, Nicole Chaput, Krista Ziegler, Jane Doe, John Doe and The Sudbury Regional Hospital, Defendants.

BEFORE: The Honourable Mr. Justice John S. Poupore

COUNSEL:
Almeda Wallbridge, Counsel for the Platinfiffs

Mr. Donald Dow, Counsel for the Defendants Provatopoulos, Mathur

Ms. Deborah Berlach, Counsel for the Defendants Sudbury Regional, Weiber,

McKay, Matt, Nykanen, Hall, Hart Chaput

Ms. Andrea H. Plums, Counsel for the Defendant, Larton

HEARD: November 23, 2012

ENDORSEMENT

[ 1 ] The plaintiffs filed documents in this matter in support of seeking approval of an infant settlement.

[ 2 ] I have invited counsel to make submissions on the issue of characterizing future care payments to the infants’ parents as damages, the issue of the sealing of the settlement documents and in any event the sealing of the solicitors affidavit and waiving its service.

[ 3 ] The question of the possible taxation of future care payments to the parents is a matter between them and Canada Revenue Agency.

[ 4 ] I am satisfied that the Courts “ Open Court Policy ” in this case, where the court is exercising its “ parens patrial ” jurisdiction, outweighs counsels’ arguments for a sealing order.

[ 5 ] On the issue of plaintiffs counsel’s affidavit, I am prepared, in view of previous decisions of this court granting sealing orders, to permit counsel to refile a substitute affidavit after it is served on counsel opposite.

Poupore J.

Date: November 23, 2012