Kavuru v. Toronto Transit Commission, (2014) 328 O.A.C. 399 (DC)

• Judge: Spence, Swinton and Nordheimer, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: November 18, 2014
• Jurisdiction: Ontario
• Citations: (2014), 328 O.A.C. 399 (DC);2014 ONSC 6718

Kavuru v. TTC (2014), 328 O.A.C. 399 (DC)

MLB headnote and full text

Temp. Cite: [2015] O.A.C. TBEd. JA.012

Kodana Kavuru, by his Litigation Guardian, the Public Guardian and Trustee (appellant/plaintiff) v. Paul Heselden (respondent/defendant)

Kodana Kavuru, by his Litigation Guardian, the Public Guardian and Trustee (appellant/plaintiff) v. Toronto Transit Commission (respondent/defendant)

(50/14; 51/14; 2014 ONSC 6718)

Indexed As: Kavuru v. Toronto Transit Commission

Court of Ontario

Superior Court of Justice

Divisional Court

Spence, Swinton and Nordheimer, JJ.

November 19, 2014.

Summary:

Kavuru brought a personal injury action against the Toronto Transit Commission (TCC). Heselden was Kavuru's counsel. The action was settled. Kavuru was unhappy with the result and, two years later, sued Heselden in negligence. He sought damages in excess of $2 million. Kavuru also brought a fresh action against the TCC and sought damages of $1 million. Motions were brought in both proceedings to determine if Kavuru was a party under a disability. A Master determined that Kavuru was mentally incapable and appointed the Public Guardian and Trustee (PGT) as Kavuru's litigation guardian in both actions. The PGT reviewed the actions and determined that there was no merit to either claim. It reached settlement agreements with both defendants whereby both proceedings would be dismissed without costs. The PGT moved for court approval of the settlements. Wilkins, J., dismissed the motions. The PGT appealed.

The Ontario Divisional Court allowed the appeals, set aside Wilkins, J.'s orders and granted orders approving the settlements.

Guardian and Ward - Topic 877

Public trustee or guardian - Powers - Respecting carriage of legal action - [See Persons of Unsound Mind - Topic 1321 ].

Persons of Unsound Mind - Topic 1321

Legal proceedings - Approval of settlements - General - Kavuru brought a personal injury action against the Toronto Transit Commission (TCC) - Heselden was Kavuru's counsel - The action was settled - Kavuru was unhappy with the result and, two years later, sued Heselden in negligence - He sought damages in excess of $2 million - Kavuru also brought a fresh action against the TCC and sought damages of $1 million - Motions were brought in both proceedings to determine if Kavuru was a party under a disability - A Master determined that Kavuru was mentally incapable and appointed the Public Guardian and Trustee (PGT) as Kavuru's litigation guardian in both actions - The PGT reviewed the actions and determined that there was no merit to either claim - It reached settlement agreements with both defendants whereby both proceedings would be dismissed without costs - The PGT moved for court approval of the settlements - Wilkins, J., dismissed the motions - The PGT appealed - The Ontario Divisional Court allowed the appeals, set aside Wilkins, J.'s orders and granted orders approving the settlements - The only reason for refusing to approve the settlements was the Wilkins, J.'s view that the party had an absolute right to a hearing - There was no such absolute right - The decision, as between a settlement or a trial, was for the PGT to make - The proposed settlements were entirely in Kavuru's best interests.

Cases Noticed:

Wu Estate v. Zurich Insurance Co. et al. (2006), 211 O.A.C. 133 (C.A.), refd to. [para. 14].

Counsel:

W. Kim, for the appellant, in both actions;

B. Martin, for the respondent, in first action;

No one appearing for the respondent, in second action.

This appeal was heard at Toronto, Ontario, on November 18, 2014, by Spence, Swinton and Nordheimer, JJ., of the Ontario Divisional Court. The following decision of the Divisional Court was delivered by Nordheimer, J., on November 19, 2014.