CITATION: Butler et al v. Royal Victoria Hospital et al, 2017 ONSC 5817

BARRIE COURT FILE NO.: CV-09-0684

DATE: 20170929

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

Sarah Butler, Luke Butler, James Butler and Isaac Butler, minors by their Litigation Guardian Jaye Butler and Robert Butler and the said Jaye Butler

Plaintiffs

– and –

Royal Victoria Hospital, P. Bates, K. Rina, K. Corvari, W. Dekleyne, A. Fenton, A.M. Cichowicz, T. Haney, J. Stuart, E. Reyes, C. Stewart, S. Causey, T. Whitty, V. Ho and M. Hazlett

Defendants

Hilik Y. Elmaleh, Jeremy Syrtash and Michael Hershkop for the Plaintiffs

Valerie Wise and Julia Lauwers, for the Defendants

HEARD: In writing

SUPPLEMENTARY REASONS FOR JUDGMENT

McCarthy J.:

[1] In my reasons dated May 5, 2017, I invited further submissions on costs, pre-judgment interest and other ancillary issues. The parties have been kind enough to address those issues via written submissions. With the exception of costs, the parties have agreed on the issues of pre-judgment interest and on certain adjustments to the amounts awarded under certain heads of damages. Because the parties have agreed on both the reasons for and the amount of those adjustments, I have simply set out below the table of pre-judgment interest calculations followed by the revised amounts of damages for future pecuniary losses.

Pre-Judgment Interest

[2] General Damages

Amount Awarded: $405,000

Pre-Judgment Interest: $207,968

Total: $612,968

Past Pecuniary Losses

Amount Awarded: $203,265

Pre-Judgment Interest: $ 13,569

Total: $216,834

Grand Total for General Damages and Past Pecuniary

Losses Plus Pre-Judgment Interest: $829,802

[3] Revised Amounts for Future Pecuniary Losses: $4,738,591*

(*the consent revisions are drawn from calculations

provided by FTI consulting to Plaintiffs’ counsel

dated May 18, 2017 and relate to present value

calculations for the amount awarded for future

orthotics and equipment, educational supports,

attendant care costs as well as for future OHIP services.)

[4] There shall be an order to go as follows: the judgment granted in favour of the Plaintiffs on May 5, 2017 is revised to read $5,568,393.00 inclusive of pre-judgment interest.

J.R. McCarthy J.

Released: September 29, 2017