Court File and Parties

COURT FILE NO.: CV-18-00598155-0000 DATE: 20230125 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 Respondent

BEFORE: Mr. Justice Chalmers

COUNSEL: J. Korn for the Applicants G. Cheng, for the Office of the Children’s Lawyer

HEARD: January 25, 2023

Endorsement

[1] The Applicants brought an application for, inter alia, directions with respect to the open lift system used in the Applicants’ home. By endorsement dated November 7, 2022, I adjourned the Application with respect to the open lift, to allow Mr. Baum of Adapt-Able Design Group to attend at the premises and review the existing lift system. I required his opinion with respect to the following:

(a) Is there a sensor system that will automatically stop the lift if there is an obstruction; (b) What is the size of the lift and can the lift accommodate an adult power wheelchair and attendant; (c) Is there a need for an attendant to be in the lift when there are controls at the top and bottom of the lift; (d) To provide a comparison of the safety of the open lift and closed lift system that specifically considers the fact that if the lift becomes stuck or breaks down when someone is inside, the open lift can be accessed from the adjacent stairway; (e) Whether there is any risk of a person falling out of the open lift and whether the risk of falling out is any greater than the risk of falling over the upper railing; and (f) Could a closed lift be installed in the subject property and the approximate cost of installing a closed lift system.

[2] Mr. Baum personally attended at the home on November 22, 2022. He inspected the open lift system. He also met with Kenzie Bunch’s Seating and Mobility Occupational Therapist and her Clinical Occupational Therapist. The purpose of the meeting was to review the existing size and condition of the open lift system.

[3] Mr. Baum prepared a report dated December 14, 2022. He concluded that the existing lift system is safe and suitable for Kenzie Bunch. The only concern is whether the lift would continue to be appropriate as she grows and requires a larger wheelchair. If a larger lift system is required, a five-foot base could replace the existing four-foot base. The estimated cost to increase the size of the base is $22,917.80.

[4] The Applicant and The Children’s Lawyer consent to an amendment to the Management Plan to take into account the fact that the base of the existing lift may have to be replaced by a larger base in the future. If a larger base is required, the Applicants will give notice to the Children’s Lawyer, and will implement the necessary modifications to the existing lift to increase the base in accordance with the recommendations set out in Mr. Baum’s report dated December 14, 2022 (see paragraph 10 of the Amended Management Plan).

[5] I am satisfied that the open lift is appropriate for Kenzie’s current needs. If she grows and requires a larger lift in the future, the Amended Management Plan provides a procedure for enlarging the base of the lift in accordance with the recommendations of Mr. Baum in his report dated December 14, 2022.

[6] I approve the Amended Management Plan. I also approve the costs claimed with respect to the preparation of the Adapt-Able report dated December 14, 2022.

[7] The Applicants seek their full indemnity costs for this Application, in the amount of $14,680.98, inclusive of counsel fee, disbursements and H.S.T. I find the costs claimed to be fair and reasonable in all the circumstances.

[8] The Order shall go in accordance with the draft consent Order as filed and signed by me

DATE: January 25, 2023