Court File and Parties

COURT FILE NO.: CV-19-00629594

DATE: 20210520

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: ZEPPIERI & ASSOCIATES Applicant

AND:

TERESA PELLECCHIA, LUISA PELLECCHIA CAETANO, CLAUDIO PELLECCHIA Respondents

BEFORE: Mr. Justice Chalmers

COUNSEL: G. Gryguc, for the Applicant H. J. Ash for the Respondent, Luisa Pellecchia Caetano J. Oelbaum for the Respondent, Claudio Pellecchia Teresa Pellecchia, self-represented D. Gillies for the Public Guardian and trustee

HEARD: May 20, 2021, by videoconference

ENDORSEMENT

[1] This Application is for an order pursuant to the Solicitors Act, approving the retainer agreement between Zeppieri & Associates and Teresa Pellecchia dated May 10, 2019. It is Teresa Pellecchia’s position that the retainer agreement is not valid or enforceable on the grounds that she did not have mental capacity to retain Zeppieri & Associates to represent her.

[2] Ms. Gillies of the Office of the Public Guardian and Trustee attended the Application. The PGT is not the litigation guardian for Teresa Pellecchia and is not a party to the Application. She advised that there is an issue as to whether Teresa Pellecchia is a party under disability and therefore requires a litigation guardian. It is Ms. Gillies’ position that if a litigation guardian is required, the Application should not proceed and instead should be stayed to allow for the appointment of the litigation guardian.

[3] Counsel for Luisa Pellecchia Caetano also argued that the Application ought to be stayed. He noted that Dr. Bruto, in his report dated May 30, 2019, concluded that Teresa Pellecchia does not have capacity to understand or recall information. She did not have the capacity to manage property. There is no medical report that provides that she has the capacity to retain or instruct counsel.

[4] I am satisfied that Teresa Pellecchia is a party under disability. Pursuant to R.7.01(1), a proceeding shall be commenced, continued or defended on behalf of a person under disability by a litigation guardian. Teresa Pellecchia does not have a lawyer or litigation guardian representing her on this Application. I am of the view that it would not be appropriate to proceed with the Application when Teresa Pellecchia does not any representation or any means to properly defend the Application. I decline to exercise my discretion to “order otherwise” to allow the Application to proceed without a litigation guardian.

[5] I adjourn the Application sine die. The Application may be brought back on once a litigation guardian has been appointed on behalf of Teresa Pellecchia or if there is a medical report which provides that she has capacity to retain and instruct counsel.

[6] There is an Application before Justice Conway on June 22, 2021, which may result in the appointment of a new attorney for property for Teresa Pellecchia. I convene a case conference in this Application for June 24, 2021 at 9 a.m. If a new attorney for property is appointed for Teresa Pellecchia, counsel for the Applicant is directed to advise the new attorney for property of the case conference and to provide the call-in information once received from the court.

[7] I remain seized of this Application.

DATE: MAY 20, 2021