Court File and Parties

COURT FILE NO.: 05-CV-300883PD1 DATE: 20240621

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: ASTERIOS LOUKAS, VAIA LOUKAS, GEORGE ASIMAKIS, ZOE ASIMAKIS, BILLY ROMBIS and PETER ASIMAKIS, by his Litigation Guardian, THE PUBLIC GUARDIAN AND TRUSTEE, Plaintiff

AND: IMPERIAL OIL LIMITED, JACK DO, THERMOSHELL INC., JOHN DOE, XYZ CORPORATION, JOSHUA DOE and JACOB DOE and R.B. & R. CARTAGE INC., Defendants

BEFORE: Justice Papageorgiou

COUNSEL: Lisa Filgiano, for the Plaintiff Neil Colville-Reeves for the Defendants

READ: June 21, 2024

Endorsement

Overview

[1] The plaintiff Peter Asimakis (“Peter”) was 7 years old when he was exposed to vapours from a fuel oil spill at his home which occurred in January 2004. He is currently 27 years old.

[2] This action was commenced in 2005. There have been various dismissals and settlements such that the only defendant left is R.B. & R. Cartage.

[3] Peter was found to be incapable and declared a party under disability. The Public Guardian and Trustee (the “PGT”) has been representing Peter since 2017.

[4] In 2021 in advance of a motion to dismiss the action for delay, the PGT made a Rule 49 Offer whereby the remaining defendant, R.B. & R. Cartage, would pay Peter $10,000 in full and final satisfaction of the claim.

[5] The Offer was not accepted and then Master Jolley dismissed the motion to dismiss for delay on March 11, 2021.

[6] In February 2024 R.B. & R. Cartage advised the PGT that they would like to accept the Rule 49 Offer to Settle, even though it is no longer open for acceptance. The parties have now entered into a settlement whereby this defendant will pay $10,000 in full and final settlement.

Nature of the Motion

[7] The PGT brings a motion to approve the settlement.

Decision

[8] For the reasons that follow I grant the motion.

Analysis

[9] The Minor Plaintiff’s claim is for headaches, nausea and malaise.

[10] The Defendants denied liability and raised issues of causation and damages, all of which will be in dispute if this claim proceeds.

[11] The PGT has obtained a legal opinion on damages from Jean-Clause Rioux of Flaherty McCarthy LLP who it retained to represent it. His opinion is that Peter’s damages for the acute problems caused by the oil spill, which include headaches, nausea and malaise, would attract an award of less than $10,000.

[12] The litigation has been going on for nearly 20 years and the legal costs of taking this matter to trial are disproportionate to the amount of money Peter would recover in damages.

[13] Settlement proceeds of $10,000 will be paid into court to Peter’s credit.

[14] Plaintiffs’ counsel has advised that he believes the proposed settlement to be reasonable, fair and in Peter’s best interests.

[15] The settlement achieved is within the range of reasonable settlement values for similar cases.

[16] The PGT has agreed to waive its legal fees which are in excess of $8,000, such that Peter will receive the full amount of the settlement.

[17] All requirements of Rule 7 have been met.

Conclusion

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

Justice Papageorgiou Date: June 21, 2024