Court File and Parties
Court File No.: CV-20-00634700-000 Date: August 28, 2024 Superior Court of Justice - Ontario
Re: RODGER FREDERICK GORDON WOOD, deceased, by his Estate Trustee, Brian James Wood, and CORRY CHRISTOPHER MORTALLA WOOD, a minor, by his LITIGATION GUARDIAN, Brian James Wood, Plaintiff
And: FRANCESCO P. MAZZEO, Defendants
Before: Justice Papageorgiou
Counsel: Ajay Kapur, for the Plaintiff Smockum Zarnett, for the Defendant
Read: August 27, 2024
Endorsement
Overview
1The Plaintiffs in this action are the Estate of Rodger Frederick Gordon Wood, who is deceased and his son, who is a minor, Cory Christopher Mortalla Wood (who is a party under disability because he is only 16 years old, the “Minor Plaintiff”). Both plaintiffs represented by Brian James Wood as their respective Estate Trustee and Litigation Guardian.
2The Minor Plaintiff’s father was hit by the defendant’s car when he was a pedestrian walking on a sidewalk. He suffered serious and permanent injuries including, but not limited to, injuries to the left femur, contusion of the left hip, dislocation of the acromioclavicular joint, chronic pain in his neck, thoracic spine, lumbar spine, bilateral shoulder joints, rotator cuff muscles, arms, elbows, wrists, knees, ankles, and buttocks, as well as a general straining of the tendons, ligaments, and nerves throughout his body.
Nature of the Motion
3This 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 Plaintiff.
Deficiencies
4The materials are deficient in the following manner:
5There is no evidence or information on the nature of the Minor Plaintiff’s claim and the damages he suffered.
6There is no caselaw which sets out damage awards in comparable cases to enable the court to determine whether the settlement is fair and reasonable.
7Counsel did not provide a copy of the retainer agreement or dockets or any information on how the legal fee is calculated apart from a statement that the legal fee of $29,750 is 30 % of the settlement. Counsel did not provide any evidence substantiating or explaining the disbursements in the amount of $15,832.
8The Plaintiffs shall provide an affidavit and/or materials addressing these deficiencies within 14 days. The materials may be emailed to my assistant at polly.diamante@ontario.ca.
Justice Papageorgiou Date: August 28, 2024