Court File and Parties

Court File No.: CV-17-585525 Date: 2019-05-31 Superior Court of Justice - Ontario

Re: Selen Direk by her Litigation Guardian Zuper Direk, Applicant And: Aviva Insurance Company of Canada, Respondent

Before: Madam Justice Darla A. Wilson

Counsel: Donald L. Granatstein, Counsel for the Applicant Frank Benedetto, Counsel for the Respondent

Heard: In writing

Endorsement

[1] This is a Rule 7 motion that was submitted for approval. I approved the quantum of the settlement of the accident benefits claims of the party under disability, Selen Direk (“Selen”), in the sum of $1,350,000 but was not persuaded of the proposed use of the settlement funds. As a result, I sent the file to the Office of the Public Guardian and Trustee (“PGT”) for a report and recommendations.

[2] In their report of March 6, 2019, the PGT noted concerns about the proposed structure options, and whether the needs of Selen would be taken care of in the future. The PGT also noted the material provided by the Plaintiff and her counsel Mr. Granatstein was insufficient.

[3] The information in the materials indicated that Selen is now married, living in a home owned by her husband in Brampton and is the mother of 2 children. She is no longer receiving ODSP benefits, presumably because her husband earns in excess of the permitted amount for entitlement to ODSP.

[4] There is information that is outstanding and the proposals submitted from the financial advisor are flawed.

[5] An affidavit from Selen Direk is to be submitted detailing the following issues identified by the PGT in its report:

• Whether Selen is married and if so, the date of marriage;
• Confirmation of the income of Selen’s husband, his benefits plan, the value of the home in which Selen and her husband reside and the monthly household expenses;
• Whether Selen is entitled to ODSP and if a letter was received terminating her benefits, a copy of the letter is to be provided;
• An itemized list of Selen’s monthly expenses;
• An itemized list of the child care expenses;
• Whether Selen plans to hire personal support workers when her mother ceases to be able to assist her;
• Whether Selen plans to purchase any property in the future.

[6] Mr. Granatstein is to provide an opinion on whether Selen is eligible to receive ODSP benefits. He is also to provide an accurate list of the expenses totaling $332,433.33 which he forwarded to the PGT on December 14, 2018.

[7] In the original application, Mr. Granatstein sought fees and disbursements totaling $47,169.74 in the accident benefits matter. Apparently, in the material provided to the PGT, but not to the Court, Mr. Granatstein advised that the fees and disbursements are now $100,000. Counsel is to provide a copy of the draft fee account to the Court, along with a copy of the signed retainer. Mr. Granatstein is also to confirm the amount of fees charged in the tort action.

[8] A copy of this endorsement is to be provided to Anthea Cheung and Walter Kim at the office of the PGT.

D.A. Wilson J.

Date: May 31, 2019