Court File and Parties

Court File No.: CV-18-00608757 Date: 20190708 Superior Court of Justice - Ontario

Re: Sierra Oswald, a minor through her litigation guardian Teresa Oswald, Applicant And: Pembridge Insurance, Respondent

Before: Darla A. Wilson J.

Counsel: Moussa Sabzehghabaei, Counsel for the Applicant

Heard: In writing

Endorsement

[1] This is endorsement number 5 in this application brought pursuant to Rule 7 for approval of a proposed settlement for an infant in the sum of $6,500. In my first endorsement dated December 12, 2018, I refused to approve the settlement, noting the materials were “woefully inadequate and sloppy”. I requested a further affidavit.

[2] In my second endorsement dated February 15, 2019, I noted the supplementary affidavit that had been sent by fax (not sworn and not filed with the court) did not respond to the concerns I raised in my original endorsement. I requested further information in a properly executed affidavit.

[3] In my third endorsement dated March 8, 2019, I ordered counsel provide documentation concerning the payment to Natural Touch Rehabilitation Centre as well as further information on the proposed fee to be charged.

[4] In my most recent endorsement dated May 1, 2019, I noted the account from the Rehabilitation Centre remained outstanding and it was unclear why it was not paid. I stated, “The manner in which this application has proceeded is appalling.” I ordered counsel to immediately provide the rehabilitation account to Sun Life for payment and if it was not paid, to forthwith send it to the SABS insurer for payment. I ordered counsel provide me with the status of the account from Natural Touch by May 31, 2019.

[5] I did not hear from the solicitor for the Applicant by the date I ordered. A supplementary affidavit from counsel sworn June 5, 2019 was received. Attached as an exhibit to counsel’s affidavit is an email dated May 30, 2019 to Sun Life from counsel. It is deposed that Sun Life has not yet advised whether or not they will pay the account from Natural Touch.

[6] It is incomprehensible to me that seven months after my original endorsement, counsel for the Applicant still has not addressed the Court’s concerns. Counsel has deposed that payment for the account of Natural Touch in the sum of $3,475.74 was made to the mother of the infant and she failed to make payment to the rehabilitation company. Ms. Oswald in her affidavit cannot recall if she received the payment which, again, is astonishing.

[7] I make the following orders:

a. Counsel is to serve all of my endorsements on Sun Life and I order that Sun Life is to forthwith advise whether the account of Natural Touch from 2016 was ever submitted for payment and if so, whether payment was made and to whom. This is to be done within 5 days of the date of this order;

b. If payment was made to the policy holder, Roy Oswald or to Teresa Oswald, the funds are to immediately be paid to Natural Touch;

c. If payment was not made by Sun Life, the account from Natural Touch is to immediately be sent to the SABS insurer for payment, along with a copy of this endorsement;

d. Counsel for the Applicant is to advise me of the status of the payment by no later than July 15, 2019.

D. A. Wilson J. Date: July 08, 2019