Court File and Parties
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: BLESSING ALEACHENU on her own behalf, and EDGAR OMAKWU by his Litigation Guardian, BLESSING ALEACHENU
AND:
DR. PHILIP ROLAND SOLOMON, SOLOMON FACIAL PLASTIC, and all Primary Medical Personnel who participated in the alleged negligent treatment, along with additional, yet to be identified DEFENDANTS
BEFORE: Chalmers, J.
COUNSEL: B. Aleachenu, self-represented P. Leslie, for the Defendants
HEARD: August 4, 2021, by teleconference
ENDORSEMENT
[1]
Adjournment of Motions
At the case conference on April 28, 2021, the Plaintiffs’ motion for leave to amend the Statement of Claim and to remove me as the case management judge was scheduled for August 4, 2021. The Defendants’ motion to dispense with mediation was also scheduled to proceed at that time.
2The motions were to take place by videoconference. On July 30, 2021 the Motion Co-Ordinator sent the videoconference co-ordinates to the parties. The parties were advised that the motion would start at 10 a.m. on August 4, 2021. Ms. Aleachenu failed to attend the motion today. No explanation was provided. At 10:30 a.m., I adjourned the motions. The parties are to contact my assistant, Anna Maria Tiberio at annamaria.tiberio@ontario.ca to arrange a case conference before me to reschedule the motions and to establish a new timetable.
[3]
Summary Judgment Motion
Counsel for the Defendants advise that they intend to bring a motion for summary judgment to dismiss the Plaintiffs’ action. Rule 77.06(2) provides that a case management judge shall not preside at the trial of the action. If the case management judge has presided over a pre-trial conference or settlement conference the Judge may not thereafter hear a summary judgment motion. I have not presided over a pre-trial or settlement conference. I am satisfied that I may hear the Defendants’ proposed summary judgment motion: Marrocco v. John Doe, 2017 ONSC 654. The Defendants’ summary judgment motion will be scheduled, and a timetable established at the case conference.
[4]
Representation of Minor Plaintiff
The Plaintiffs are not represented by counsel. Ms. Aleachenu purports to act on behalf of the minor Plaintiff, Edgar Omakwu. Pursuant to R. 15.01, a party to a proceeding who is under disability shall be represented by a lawyer. The rule is mandatory. It is my view there is no discretion on the part of the court to dispense with the requirement that a person under disability must be represented by a lawyer. It will be necessary for the Plaintiffs to either appoint a lawyer to represent the minor Plaintiff, or his claim must be discontinued/dismissed. Ms. Aleachenu previously advised that she intends to amend the Statement of Claim to discontinue the action brought by the minor Plaintiff. If she wishes to proceed in this way, she must comply with the requirements set out in R. 7.07.1. The motion must be served on the Office of the Children’s Lawyer. If the Plaintiffs wish to proceed with the motion to discontinue the action on behalf of the minor, the motion will be scheduled, and a timetable established at the case conference.
[5]
Costs
I order costs of today payable by Ms. Aleachenu to the Defendants fixed in the amount of $500. The costs are payable within 30 days of the date of this endorsement.
6I remain seized.
DATE: August 4, 2021