COURT FILE NO.: CV-21-00664900-00ES

DATE: 20210721

SUPERIOR COURT OF JUSTICE - ONTARIO

IN THE MATTER OF THE PROPERTY OF KENZIE ALICE BUNCH, a minor

BETWEEN: JEFFREY BUNCH and KIMBERLY MARIE BUNCH Applicants

AND:

KENZIE ALICE BUNCH, a minor by her Litigation Guardian, THE CHILDREN’S LAWYER Respondents

BEFORE: Mr. Justice Chalmers

COUNSEL: J. Korn for the Applicants

HEARD: July 21, 2021, By Videoconference

ENDORSEMENT

[1] The Applicants bring this Application for an interim order appointing them joint guardians of the property with respect to $700,000 of the settlement funds belonging to Kenzie Alice Bunch, a minor, born June 7, 2015. The settlement funds are in respect of a personal injury action; Court File No.: CV-18-598155.

[2] By endorsement dated June 14, 2021, I approved the proposed settlement in the amount of $10,000,000, in part. I approved of the proposed settlement with respect to the amounts allocated to Kenzie Bunch, Kimberley Bunch, Jeffrey Bunch and OHIP. I also approved the purchase of the property located at 1009 Ridgeway St. E. Thunder Bay, Ontario (the “Property”). I reserved with respect to the approval of the proposed counsel fee.

[3] The Office of the Children’s Lawyer reviewed the purchase of the Property. The Property is two-stories. The current owner uses a wheelchair and as a result, the Property has been modified to be wheelchair accessible. The house has an open lift system. The Children’s Lawyer was concerned that an open lift may be a safety issue given Kenzie Bunch’s cognitive issues. The housing consultant, Adapt-Able Design Group recommended that the open lift be replaced with a closed lift system. With this and other changes, Adapt-Able Design recommended the home as reasonable value for the minor’s accessible housing needs. The Children’s Lawyer approves the purchase of the Property. The cost to purchase the Property, the taxes and fees and to renovate the Property to include a closed lift system, air conditioning and a generator is estimated to be $700,000.

[4] I am satisfied that it is in the best interests of Kenzie Alice Bunch that the Property be purchased and renovated in accordance with the recommendations of the Children’s Lawyer. I grant the interim order sought and appoint Jeffrey and Kimberley Bunch joint guardians of property of the sum of $700,000 from the settlement funds belonging to Kenzie Alice Bunch, for the purpose of purchasing and renovating the Property. The cost to purchase and renovate the Property will be paid out of the monies held to the credit of Kenzie Alice Bunch. The Property will be registered in her name.

[5] On June 18, 2021, I granted Partial Judgment approving the purchase of the Property. At paragraph 5a of that Partial Judgment, I ordered that Kimberley Marie Bunch and Jeffrey Bunch shall pay the down payment for the Purchase of the Property along with any ancillary fees out of the settlement funds attributed to them. I also ordered that they may seek reimbursement of the amount paid for the purchase of the Property from the funds allocated to Kenzie Alice Bunch. In light of my order of today’s date that the sum of $700,000 is to be paid out of the money held to the credit of Kenzie Alice Bunch to purchase and renovate the Property, paragraph 5a of my Partial Judgment dated June 18, 2021 no longer has any application.

[6] I adjourn the balance of the guardian for property application, sine die, returnable on ten (10) days notice. I am seized of the guardianship application. It will be necessary to transfer the application from the Estates List to the Civil List. Counsel for the Application delivered a requisition to the Registrar dated July 12, 2021 to transfer the matter to the Civil List. I direct the Registrar to take the steps necessary to affect the transfer.

[7] Order to go in accordance with the draft order filed and signed by me.

DATE: JULY 21, 2021