Court File and Parties
Court File No.: CV-24-00720294 Date: 20240528 Superior Court of Justice - Ontario
Re: Jacob Wilfred Ammar, a minor by his litigation guardian Athena Hilts, Applicant And: Nicholas Hulinsky, Respondent
Before: Justice Papageorgiou
Counsel: Mary Shemon, for the Applicant
Read: May 28, 2024
Endorsement
Overview
[1] This Application arises out of a claim for serious personal injuries suffered by the minor Applicant, Jacob Wilfred Ammar born November 24, 2009 (the “Minor Applicant”) as a result of a dog bite incident that occurred on March 30, 2023.
Nature of the Motion
[2] This motion is brought pursuant to r. 7 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 for approval of a proposed settlement that affects the Minor Applicant, who is a party under a disability.
Issues
[3] In order to decide this matter, I must determine the following issues:
- Is the settlement fair and reasonable?
- Are the fees and disbursements fair and reasonable?
- Have the criteria set out in r. 7.08 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 been complied with?
Analysis
Issue 1: Is the settlement fair and reasonable?
[4] The Minor Applicant’s injuries were sustained when he knocked on the Respondent’s door to offer leave raking services. After a young girl answered the door, the owner’s dog claim broke through and attacked the Minor Applicant.
[5] The Minor Applicant suffered serious injuries and a ten cm scar on the left side of his thigh as a result of the dog bite. Medical treatment involved a visit to the emergency department, wound care and plastic surgery. There were five additional follow-up appointments which included surgical closure of the wound and scar management.
[6] The Minor Applicant has not had to follow up with his physician about this since May 19, 2023, and all his subsequent visits to the doctor had nothing to do with this issue. The injury has now healed.
[7] The matter was settled for $55,000.
[8] Settlement proceeds of $38,487.92 will be paid into court to the credit of the Minor Applicant. Applicant’s counsel will be paid $9,945.20 plus HST in the amount of $1,292.88 and $4000 in respect of their OHIP subrogated claim, as well as $1,274 towards disbursements.
[9] In addition to the Minutes of Settlement, there is a Draft Judgement approved as to form and content. Applicant’s counsel has advised that he believes the proposed settlement to be reasonable, fair and in the best interests of the Minor Applicant.
[10] The settlement achieved is within the range of reasonable settlement values for similar cases.
[11] The Minor Applicant’s Litigation Guardian, who is his mother, believes the settlement is in the Minor Applicant’s best interests, has provided an affidavit in support of the settlement, and has instructed counsel to settle the matter on the basis of the Minutes of Settlement.
Issue 2: Are the fees and disbursements fair and reasonable?
[12] The details of the lawyer’s account have been provided. The Contingency Fee Retainer Agreement provides for a contingency fee in the amount of 30 %. The Applicant’s counsel has reduced this fee to 20 %.
[13] I note that contingency fee agreements provide access to justice particularly for those who cannot afford to pay a lawyer an hourly rate. In this case Applicant Counsel worked on this matter with no guarantee of compensation and advanced the disbursements with no guarantee that these would be reimbursed.
[14] I am satisfied that the indicated fees and disbursements are reasonable.
Issue 3: Have the requirements of r. 7.08 been complied with?
[15] All requirements of r. 7.08 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 have been complied with. The Minor Applicant, who is now older than 16, has provided his consent.
Conclusion
[16] Judgment to go in the form as signed by me today.
Justice Papageorgiou Date: May 28, 2024