Court File and Parties
COURT FILE NO.: CV-18-00598300 DATE: May 9, 2023
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: AMANDA COYLE and MARCUS COYLE a minor by his litigation guardian AMANDA COYLE, Plaintiff
AND:
KRISTY DOUCETTE, MARK AARON RAMLOGAN-MARAJ & RAJENDRA V. MARAJ, Defendants
BEFORE: Justice Papageorgiou
COUNSEL: Ryan Naimark for the Plaintiff Ryan Coughlin for the Defendants Mark Aaron Ramlogan-Maraj and Rajendra V. Maraj Angel J for the Defendant Kristy Doucette
READ: May 8, 2023
Endorsement
[1] This is a motion for the approval of a settlement in respect of the Minor Plaintiff Marcus Coyle’s Family Law Act claim.
[2] His claim relates to a vehicle collision when his mother, and Litigation Guardian, Amanda Coyle, was rear ended. She indicates that she was a single mother at the time, the Minor Plaintiff was 5 years old, that she had primary care, and that she was hospitalized and treated for psychological issues for 51 days post-accident.
[3] I considered the motion on April 18, 2023 but requested additional evidence as the proposed settlement amount in the amount of $40,000 was to be paid to the mother and Litigation Guardian alone with no amounts paid to the Minor Plaintiff in respect of his claim for loss of care, guidance and companionship. His mother was hospitalized for 51 days. There was no information as to where the Minor Plaintiff resided while his mother was hospitalized, who took care of him, and whether this separation has had any impact on him.
[4] The Plaintiff filed supplementary evidence showing that when she was admitted the Minor Plaintiff resided with her mother and grandmother and have continued to regularly take care of him post-accident. His life remained undisturbed as a result of the accident and he did not require any treatment.
[5] The Plaintiff has returned to school, works and her prognosis is fair.
[6] I am satisfied that the settlement is in the Minor Plaintiff’s best interests and that all requirements of r. 7.08 of the Rules of Civil Procedure have been complied with.
[7] Order to go as signed by me today.
Justice Papageorgiou Date: May 9, 2023