Court File and Parties

COURT FILE NO.: CV-15-530202

DATE: 20210818

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: NEGAR IRIVANI-FARD, ROSALYN ERENA MAGPILE, personally and as Litigation Guardian for ARIS SEAN FOROUTAN and SHAGHYEGH FOROUTAN Plaintiffs

AND:

SOON YEAR LEE and CHUNG SUK LEE Defendants

BEFORE: Mr. Justice Chalmers

COUNSEL: T. Radimisis for the Plaintiffs R. Sugar, for the Defendants

HEARD: In writing

ENDORSEMENT

[1] By endorsement dated July 26, 2021, I adjourned the motion for court approval of the settlement of the claim advanced by the minor, Aris Sean Foroutan. I directed the Plaintiffs to file copies of the expert reports and the complete disbursement list. On August 6, 2021, the Plaintiff filed the supplementary affidavit of Ms. Radimisis, which included the expert reports and disbursement list.

[2] This action arises out of a motor vehicle accident that occurred on August 15, 2013. The parties retained several experts on the liability issue. The experts provided the opinion that the deceased, Sean Foroutan was operating his motorcycle in excess of the speed limit. The report prepared on behalf of the Defendants concluded that Mr. Foroutan was traveling at a speed of 133 km/h just before the accident occurred.

[3] Mr. Foroutan was 23 years of age at the time of the accident. The minor Plaintiff was born on October 18, 2013; about two months after his father’s death. Mr. Foroutan was employed at Canadian Tire as a full-time installer in the automotive service department and was in the process of completing an automotive service technician apprenticeship. The Plaintiffs retained RSM Canada Consulting LP to prepare a report with respect to the future dependency losses sustained by the deceased’s spouse, Rosalyn Magpile and child, Aris Sean Foroutan. The report dated May 30, 2018 concludes that after applying a 4% dependency rate for the dependent child, his loss of dependency is approximately $30,000.

[4] The proposed settlement of the minor’s claim is in the amount of $89,993.90 inclusive of claims and interest, plus $10,006.10 in costs. The proposed contingency fee is 30% or $30,507.93. The minor Plaintiff is to receive the net sum of $69,492.07.

[5] I am of the view that the proposed settlement is fair and reasonable and in the best interests of the minor Plaintiff. The settlement results in a payment to the minor Plaintiff that provides compensation for his dependency losses. The settlement takes into account the liability issues. I approve the proposed settlement.

[6] The contingency fee is 30% for the minor Plaintiff. As noted in my endorsement of July 27, 2021, it is my view that the fee was reasonable as of the date of the settlement. The Plaintiffs were required to retain several experts with respect to the liability and damages issues. The amount claimed for disbursements is $55,833.98. I am satisfied that the amount claimed is appropriate in the circumstances of this case.

[7] I approve the settlement of the minor Plaintiff’s claim. Order to go in accordance with the draft Judgment filed and signed by me.

DATE: August 18, 2021