Court File and Parties

COURT FILE NO.: CV-17-582871

DATE: 20210409

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: JALAYAH VICTORIA ABBEY-PITOSCIA by her Litigation Guardian JENNIFER ABBEY and JENNIFER ABBEY Plaintiffs (Defendants by Counterclaim)

AND:

2279545 ONTARIO INC. O/A PARLIAMENT & DUNDAS FRESHCO Defendant (Plaintiff by Counterclaim)

BEFORE: Mr. Justice Chalmers

COUNSEL: A. Khan for the Plaintiffs (Defendants by Counterclaim) T. Percival, for the Defendant (Plaintiff by Counterclaim)

HEARD: In writing

ENDORSEMENT

[1] The Plaintiff brings this Motion pursuant to R. 7.08 for an order approving the settlement of the claim, in the amount of $40,000 all-inclusive of claims, interest, costs, HST and disbursements. By endorsement dated March 26, 2021, I stated that I am prepared to approve the settlement of Jalayah’s claim based on $25,000 inclusive of claims, interest costs and HST. I am also prepared to approve the fees of 30% of the settlement excluding costs, in the amount of $5,601.98 inclusive of HST. This results in a net payment to Jalayah of $19,398.02.

[2] I did not approve the payment of this amount into the RESP. I adjourned this matter for 14 days to allow the Plaintiff to file additional material to establish that the payment to the RESP is more advantageous than a payment to the Accountant of the Superior Court.

[3] On April 8, 2021, counsel for the Plaintiff submitted the Affidavit of Jennifer Abbey, the Litigation Guardian and mother of the minor Plaintiff. Ms. Abbey deposes that she has 12 years experience in the banking and investment services industry. She has certificates in Investment Funds in Canada, Canadian Securities Course Certificate and Certificate in Personal Financial Services Advice. She states that if the settlement funds are invested in either a 3-year or 5-year Market Growth Investment Certificate there will be higher returns without risking the principal investment. The funds will be topped up by the government grants if deposited into an RESP. If Jalayah does not attend post-secondary school the initial capital and accumulated income will be transferred to her.

[4] On the basis of the evidence of Ms. Abbey, I am satisfied that the payment of the settlement funds into a RESP is in the best interests of Jalayah and is more advantageous that a payment to the Accountant of the Superior Court.

[5] I approve the settlement of the action. Order to go in accordance with the draft Judgment filed and signed by me.

DATE: April 9, 2021