Court File No.: 16-67100
ONTARIO
SUPERIOR COURT OF JUSTICE
THE HONOURABLE ) Tuesday, the 10^th^ day
MADAM JUSTICE CORTHORN ) of January, 2017.
B E T W E E N:
CHRISTOPHER SOULLIERE by his Litigation Guardian, Martin Soulliere
Applicant
- and -
INTACT INSURANCE COMPANY
Respondent
JUDGMENT
THIS APPLICATION for approval of the settlement of the Statutory Accident Benefits claim of the adult applicant under disability Christopher Joseph Jean Soulliere and for approval of the solicitor-client account of Beament Hebert Nicholson was heard this day at the Courthouse at 161 Elgin Street, in the City of Ottawa.
ON READING the affidavits of: a) Derek Nicholson, sworn January 8, April 14, June 30, and October 31, 2016; b) Martin Soulliere, sworn January 11 and April 14, 2016; c) Dorothy White sworn October 24, 2016; d) Cathleen Allen sworn October 25, 2016; e) James Nevin sworn October 25, 2016; and f) Donna Bradbury sworn January 5, 2017 all filed, on hearing the evidence of Martin Soulliere, and on hearing the submissions of counsel,
- THIS COURT ORDERS that the settlement of the Statutory Accident Benefits claim of the Applicant Christopher Joseph Jean Soulliere is approved on the following basis:
a) The Respondent Intact Insurance Company shall pay to "Beament Hebert Nicholson, in Trust" the sum of TWO HUNDRED THOUSAND DOLLARS ($200,000.00) in non-structure consideration, which shall be distributed as follows:
i) To be paid to "Beament Hebert Nicholson" for its solicitor/client fees, in the amount of $35,000.00, plus applicable taxes, and disbursements in the amount of $431.54, plus applicable taxes, with the solicitor-client account including fees, disbursements, and applicable taxes totalling $40,005.22; and
ii) The balance of $159,994.78, after payment of fees, disbursements and applicable taxes, to be paid to Martin Soulliere, Guardian of Property of Christopher Joseph Jean Soulliere, for the benefit of Christopher Joseph Jean Soulliere;
b) The Respondent Intact Insurance Company shall pay the periodic payments set out in Schedule "A" hereto, which periodic payments shall be irrevocably directed as follows:
i) To Martin Soulliere, Guardian of Property of Christopher Joseph Jean Soulliere, for the benefit of Christopher Joseph Jean Soulliere; or
ii) In the event of Christopher Joseph Jean Soulliere's death before the end of the guarantee period, the remaining guaranteed payments shall be paid to the Estate of Christopher Joseph Jean Soulliere.
THIS COURT ORDERS that upon payment of the total amount of non-structure consideration set out in paragraph 1(a) hereof and upon receipt, by the Litigation Guardian, of a certified copy of the non-assignable, non-commutable and non-transferable annuity issued by BMO Life Assurance Company to fund the periodic payments set out Schedule "A" hereto, with Intact Insurance Company named as owner and annuitant (beneficiary) of the said annuity, with the payments under the said annuity irrevocably directed as set out in paragraph 1(b) hereof, the Respondent, Intact Insurance Company, shall be released and discharged from any and all actions, causes of action, mediations, arbitrations, claims and demands by the Applicant, Christopher Joseph Jean Soulliere, for Statutory Accident Benefits including PAST, PRESENT AND FUTURE claims under the Statutory Accident Benefits Schedule (accidents on or after November 1, 1996) for Income Replacement Benefits, Non-Earner Benefits, Medical Benefits, Rehabilitation Benefits, Attendant Care Benefits, claims for Other Expenses, and claims for all other types of Statutory Accident Benefits in reference to Policy No.: T00001286, in consequence of and arising out of a motor vehicle accident which occurred on or about September 12, 2008, and from any and all claims for punitive, exemplary and aggravated damages, damages for mental distress, damages for bad faith, or for a special award resulting from Intact Insurance Company's administration of Christopher Joseph Jean Soulliere's Statutory Accident Benefits claim files. PROVIDED THAT nothing herein contained shall release and discharge Intact Insurance Company from its obligation to make the periodic payments in set out in Schedule "A" hereto, for which periodic payments Intact Insurance Company shall remain liable until paid. Payments made pursuant to the said non-assignable, non-commutable and non-transferable annuity contract issued by BMO Life Assurance Company, in discharge of the periodic payments set out in Schedule "A" hereto, shall, to the extent of each annuity payment and only that extent, release and discharge Intact Insurance Company from its corresponding periodic payment obligation in Schedule "A" hereto.
THIS COURT ORDERS that the Respondent is hereby deemed to have complied with section 9.1 of Regulation 664 of the Revised Regulations of Ontario, 1990, as amended by Regulation 483/01 under the Insurance Act, R.S.O. 1990, c. I.8.
Madam Justice Sylvia Corthorn