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

[1] Viviane 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.

[2] She recovered fully from her injuries with some minor scarring.

[3] This motion is brought pursuant to r. 7 for approval of a proposed settlement for $5,000.

[4] Settlement 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.

[5] The 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.

[6] The Plaintiffs shall provide this material within 14 days failing which this motion will be dismissed.

Justice Papageorgiou

Date: June 21, 2024