Court File and Parties

Court File No.: CV-22-00677819 Date: 2023-07-07 Superior Court of Justice - Ontario

Re: Joanne Weigen, by her Litigation Guardian, Maureen Weigen-Liebovitz, Plaintiff And: Murjay Construction Ltd.-Rosewell Gardens and Oxford Properties Group, Defendants

Before: Justice Papageorgiou

Counsel: Maureen Weigen-Liebovitz, for the Plaintiff Adam Bucci, for the Defendants

Heard: July 7, 2023

Endorsement

[1] The plaintiff, Joanne Weigen slipped and fell on September 28, 2019. She sued the defendants who operated the premises where she fell. She is currently 86 years old.

[2] Very little occurred in this action.

[3] In or around 2022 Ms. Weigen’s daughter, Ms. Maureen Weigen-Liebovitz, wrote to the defendants and advised that her mother wishes to have the within action dismissed. She also advised that Ms. Weigen has a long history of bipolar disorder. In December 2022 Ms. Liebovitz moved her mother to a retirement home because she was no longer capable mentally or physically to live on her own.

[4] Ms. Liebovitz did not know even that that her mother had commenced any proceeding against the defendants. She only discovered the litigation when she saw a letter written to her mother from the defendants’ counsel.

[5] Because of Ms. Weigen’s age and concerns about whether Ms. Weigen may be a party under a disability, the defendants arranged to have this motion heard in open court.

[6] Today I spoke with Ms. Weigen, asked her about the accident and other details about her life and from a very cursory examination, she appeared to understand the questions I asked.

[7] Similar to the materials filed by the defendants, she also advised me that she would like to drop this lawsuit. Her daughter, Ms. Liebovitz was present and also confirmed that this was the case. I advised Ms. Weigen and Ms. Liebovitz that if the action was dismissed, then she could not revive it; it would be over. Both she and her daughter confirmed their understanding of this.

[8] Ms. Weigen advised that she does have some physical and mental health issues but confirmed that these do not arise from her slip and fall. Her daughter also confirmed that her mother did not suffer any injuries from the fall.

[9] Given the concerns about her mental capacity expressed by her daughter, even though it appeared from my cursory questioning that she understood this matter, it is necessary to appoint a litigation guardian. Her daughter, who has a Power of Attorney, is entitled to be appointed as such.

[10] Ms. Weigen indicated her consent to this.

[11] Although there was no affidavit evidence filed for either the appointment of the litigation guardian or the approval of the settlement, to avoid the necessity of the parties having to spend resources to prepare materials, and in the interests of access to justice, I had the daughter sworn in and asked her a series of questions to satisfy the requirements of Rule 7 of the Rules of Civil Procedure.

[12] I am satisfied that all requirements have been met. The action shall be dismissed on a without costs basis.

[13] Order to go in the form attached.

Justice Papageorgiou Date: July 7, 2023