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
Background
1The 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.
2On 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.
3The 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.
4On April 26, 2022 after an assessment, Ms. Ozigbo was deemed incapable of managing her finances and property.
5On May 3, 2022, the Public Guardian and Trustee was appointed as statutory guardian for Ms. Ozigbo’s property.
6On June 3, 2022, the plaintiff sued for breach of contract.
7Ms. Ozigbo’s property was subsequently sold by power of sale on March 14, 2023.
8The 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.
9This motion is brought pursuant to r. 7 for approval of this proposed settlement pursuant to r. 7.08.
Disposition
10I 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.
11Judgment to go in the form as signed by me today.
Justice Papageorgiou Date: January 9, 2024