Court File and Parties

COURT FILE NO.: CV-14-495759; CV-13-492593; CV-15-540391 DATE: 20210326

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Ibrahim Rahman, et al. AND: Wawanesa Insurance et al.

BEFORE: Mr. Justice Chalmers

COUNSEL: K. Kolnhofer for the Defendant, Wawanesa A. Krajden, for the tort Defendant T. Shah, as agent for the Plaintiffs F. Nadeem, self-represented J. Daya, the Plaintiffs’ previous counsel

HEARD: On March 26, 2021 by teleconference

Endorsement

[1] This matter first came before me at the pre-trial conference on January 6, 2021. The Plaintiffs, Ibrahim Rahman and Rubina Samad have been found to have mental capacity issues and are unable to instruct counsel. Naveed Coghtai was appointed their litigation guardian. Mr. Choghtai failed to attend the pre-trial conference. He did not advise counsel for the defence or the court that he would not be present at the pretrial. The Plaintiff, Faizan Nadeem is self-represented. Mr. Shah assisted the Plaintiffs on the pre-trial as agent.

[2] Unfortunately, as a result of the failure of the Plaintiffs to file a pre-trial conference memorandum or for the litigation guardian to attend the pre-trial, the pre-trial conference was of limited value. After the pre-trial conference, the parties engaged in settlement discussions. Further case conferences took place on January 20 and 21, 2021. Following the case conferences, I was advised that a settlement had been tentatively reached subject to approval of the court. I was later advised that there were difficulties in completing the settlement. A further case conference was convened for March 26, 2021.

[3] The case conference details were provided to the parties including the Plaintiffs’ former counsel, Jasmine Daya and the litigation guardian, Mr. Coghtai. Mr. Coghtai failed to attend. Mr. Nadeem advised that Mr. Coghtai had an appointment. Counsel for the Defendants, the Plaintiffs and their former counsel, Ms. Daya attended the case conference. Mr. Shah was also in attendance as agent for the Plaintiffs.

[4] This is the second time Mr. Coghtai failed to attend. I order him to provide a doctor’s note confirming the reason for his failure to attend the case conference today. He must provide this evidence within 2 weeks of today.

[5] On the case conference of March 26, 2021, I was advised that the settlement is at a standstill. Apparently, there is an issue with respect to the Plaintiffs paying their previous counsel her fee along with the disbursements and the accounts of treatment providers. I understand that Ms. Daya and the Plaintiffs intend to have further discussions in this regard.

[6] The Defendants take the position that a binding settlement was reached with the Plaintiffs and their agent Mr. Shah. The Plaintiffs argue that the settlement is not binding on them on the basis that they were not represented by counsel and were under duress to accept the Defendants’ settlement offers.

[7] I direct the Plaintiffs to advise the Defendants within 2 weeks of the date of this endorsement of their position with respect to the settlement. If they are maintaining their position that there is no binding settlement, I expect the Defendants may bring a motion to enforce the settlement. If the Plaintiffs confirm that there is a binding settlement, it will be necessary to proceed with a motion for court approval of the settlement as it relates to the Plaintiffs who are under disability.

[8] Pursuant to R. 15.01(1), a party under disability must be represented by a lawyer. Before proceeding to the motion for court approval it will be necessary for the Plaintiffs, Rubina Samad and Ibrahim Rahman to retain counsel. Their former lawyer, Ms. Daya offered to act on behalf of the Plaintiffs for the purpose of the court approval motion. Given the fact that there had been a breakdown in the relationship, which resulted in her removal as counsel of record, it would be inappropriate for her to act for the Plaintiffs. They will have to retain new counsel.

[9] I remain seized if a motion for court approval of the settlement is brought.

Date: March 26, 2021