Court File and Parties
COURT FILE NO.: CV-23-00702286
DATE: 20240621
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: VIVIANE MIRANDA, a minor represented by her Litigation Guardian, Juan Francisco Miranda Matlez and JUAN FRANCISCO MIRANDA MATLEZ Plaintiff
AND: SHERATON HOTEL and PARKWAY HOTELS AND CONVENTION CENTRE INC. Defendants
BEFORE: Justice Papageorgiou
COUNSEL: Hubert Leung for the Plaintiff Jennifer Enisuoh, for the Defendant Intact Insurance
READ: June 21, 2024
ENDORSEMENT
1Viviane Miranda, born January 20, 2012, (the “Minor Plaintiff”) claims that she slipped and fell on July 6, 2021, at the Best Western Parkway Toronto North Hotel & Suites when she was walking on a pool deck. She sustained injuries which included a cut to her toe and back heel. She required nine stiches and glue on her heel. Her parents sued.
2She recovered fully from her injuries with some minor scarring.
3This motion is brought pursuant to r. 7 for approval of a proposed settlement for $5,000.
4Settlement proceeds of $1,500 will be paid into court to the credit of the Minor Plaintiff. The Litigation Guardian will be paid $1,000 for expenses he incurred. $2,500 will go towards legal disbursements.
5The materials are deficient as counsel provided no legal authority for the Litigation Guardian receiving $1,000 of the settlement to cover its costs or any evidence as to what they were.
6The Plaintiffs shall provide this material within 14 days failing which this motion will be dismissed.
Justice Papageorgiou
Date: June 21, 2024