Court File and Parties

Court File No.: CV-22-00682246 Date: 2024-01-09 Superior Court of Justice - Ontario

Re: Apurva Patel, Plaintiff And: Mary Ozigbo by her Litigation Guardian, The Public Guardian and Trustee, Folarin Prince Sarumi, Sylvester Osaro, Blessing Osaro, Gonzalo Diaz and Ipro Realty Ltd. Brokerage, Defendants

Before: Justice Papageorgiou

Counsel: Gosia Bawolaska and Maneka Kaur for the Defendant

Heard: January 9, 2024

Endorsement

[1] The defendant Ms. Ozigbo has early onset Alzheimer’s disease and used to reside in her home (the “Property”). She currently lives with family in the United States.

[2] On February 1, 2022, Ms. Ozigbo entered into an agreement of purchase and sale with the plaintiff to sell the Property to the plaintiff. The plaintiff paid a $30,000 deposit.

[3] The agreement did not close. There were a flurry of proceedings afterwards whereby an injunction was granted to stop the sale of the Property related to Ms. Ozigbo’s capacity to enter into the agreement of purchase and sale.

[4] On April 26, 2022 after an assessment, Ms. Ozigbo was deemed incapable of managing her finances and property.

[5] On May 3, 2022, the Public Guardian and Trustee was appointed as statutory guardian for Ms. Ozigbo’s property.

[6] On June 3, 2022, the plaintiff sued for breach of contract.

[7] Ms. Ozigbo’s property was subsequently sold by power of sale on March 14, 2023.

[8] The parties have entered into a settlement whereby the plaintiff’s action will be discontinued without costs and whereby the deposit paid by the plaintiff was returned to him.

[9] This motion is brought pursuant to r. 7 for approval of this proposed settlement pursuant to r. 7.08.

[10] I am satisfied that the settlement is fair and reasonable and am granting the Order sought. The parties have provided all materials required by r. 7.08.

[11] Judgment to go in the form as signed by me today.

Justice Papageorgiou Date: January 9, 2024