2010 ONSC 6545, 2010 ONSC 6545

CITATION : Wood et. al. v. Aiderbrook Management Inc., 2010 ONSC 6545 COURT FILE NO.: 99 180704 DATE: 2010/11/26 SUPERIOR COURT OF JUSTICE - ONTARIO RE: Wood et. al. v. Aiderbrook Management Inc. BEFORE: Justice Moore COUNSEL: Richard H. Shekter, for the Applicants DATE HEARD: 26 November, 2010 E N D O R S E M E N T [ 1 ] This application came to the court on 31 August 2010 as an ex parte , consent settlement approval matter. Mr.

Shekter had predicted the potential need to involve the Office of the Childrens’ Lawyer (OCL) in the settlement approval, disposition of any settlement funds and approval of the fees and disbursements to be charged to the minor plaintiff issues and had taken the precaution of discussing the form and content of settlement materials with Ms. Samantha Preshner, counsel to the OCL. [ 2 ] This court is most grateful for the interest and proactive involvement that Ms.

Preshner has demonstrated and is pleased to formally request that she continue to assist the court with advice and counsel as the many and complicated issues that this matter generates do unfold. [ 3 ] As Ms. Preshner has pointed out (in her letter to Mr. Shekter, dated 30 Sept 10), absent an Endorsement from the court, the OCL does not have authority to provide a report on the proposed management of settlement funds but she noted also that the OCL would readily provide one should the court issue an Endorsement.

This then is that Endorsement. [ 4 ] This said, however, the court is mindful of the fact that discussions have continued over time between Mr. Shekter and Ms. Preshner and that they have been informed, no doubt, in part at least, by the correspondence and email communications between Mr. Shekter and the court. As the result of these, the proposed handling of portions of the settlement funds, pending and following the attainment of Mr. Wood’s age of majority, have been revised and a form of judgment has now been submitted that addresses the concerns that Ms.

Preshner and the court have identified. [ 5 ] As such, to the extent that the proposed settlement now before the court and the proposed scheme of management for the handling of settlement funds pending attainment of majority and, thereafter, pending completion and consideration of a capacity assessment, meets with the approval of the OCL, the report sought may be very brief. Nevertheless, if concerns remain, the court would welcome a report so stating and counseling upon how best to advance the best interests of Mr.

Wood in the circumstances. [ 6 ] As well, the court would welcome the advice and counsel of the OCL on the matter of quantifying a fair and reasonable assessment of fees and disbursements for the considerable services rendered by Mr. Shekter and members of his firm in bringing about this settlement opportunity in the face of the many and serious challenges that the underlying litigations has presented. [ 7 ] In her letter of 24 November, last, Ms. Preshner offered again to report upon the proposed resolution of the issues affecting the best interests of the minor, if asked.

Accordingly, the court requests a report from the OCL recommending the proposed settlement and approving of the draft judgment as to form and content and, further, addressing any concerns the OCL may have relating to the disposition of funds as between the minor and counsel.

___________________________ Moore J. DATE: 26 November, 2010