O'Leary v. Ragone

O'Leary v. Ragone

The court approved the settlements for each minor at $100,788.56 as reasonable in the context of the limitation funds and relevant authorities; the court declined to permit payment of the settlement funds to the Litigation Guardian and ordered the net balances of $72,538.56 per minor to be paid into the Federal...

Source-derived case information.

Citation
2026 FC 44
Parties
Plaintiffs/defendants by Counterclaim: Kevin O'Leary; Plaintiffs/defendants by Counterclaim: Linda O'Leary; Defendants/plaintiffs by Counterclaim: Rosa Ragone; Defendants/plaintiffs by Counterclaim: Antonio Ragone; Defendants/plaintiffs by Counterclaim: Paula Brito; Plaintiff/third Party: Richard Ruh; Plaintiff/third Party: Irv Edwards; Litigation Guardian/claimant: David Owen; Minor Defendant/claimant: Ruby Owen; Minor Defendant/claimant: David Cash Owen; Minor Defendant/claimant: Liam Owen; Litigation Administrator/claimant: David Owen, as Litigation Administrator of the Estate of Susanne Brito; Defendant: Sandra Ocskasy; Defendant: Allison Poltash; Defendant: Alexander Poltash; Defendant: Pauline New
Court
Federal Court
Jurisdiction
Canada
Judgment Date
13 January 2026
Procedural Posture
Limitation of Liability Under the Marine Liability Act; Wrongful Death and Personal Injury Claims; Related Family Law Claims / Motion for Court Approval of Settlements for Minors, Payment of Counsel Fees and Sealing Order; Decision on Motion
Outcome
Motion granted in part and dismissed in part
Legal Topics
Limitation of Liability, Settlement Approval for Minors, Sealing Order/confidentiality, Legal Fees and Disbursements, Investment and Management of Minor Funds
Source Language
english
Maritime Law Tort Law Family Law Civil Procedure Public Access to Courts/confidentiality Limitation of Liability Settlement Approval for Minors Sealing Order/confidentiality +2 more

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Parties

Kevin O'Leary

Plaintiffs/defendants by Counterclaim

Linda O'Leary

Plaintiffs/defendants by Counterclaim

Rosa Ragone

Defendants/plaintiffs by Counterclaim

Antonio Ragone

Defendants/plaintiffs by Counterclaim

Paula Brito

Defendants/plaintiffs by Counterclaim

Richard Ruh

Plaintiff/third Party

Irv Edwards

Plaintiff/third Party

David Owen

Litigation Guardian/claimant

Ruby Owen

Minor Defendant/claimant

David Cash Owen

Minor Defendant/claimant

Liam Owen

Minor Defendant/claimant

David Owen, as Litigation Administrator of the Estate of Susanne Brito

Litigation Administrator/claimant

Sandra Ocskasy

Defendant

Allison Poltash

Defendant

Alexander Poltash

Defendant

Pauline New

Defendant

Procedural Posture

Limitation of Liability Under the Marine Liability Act; Wrongful Death and Personal Injury Claims; Related Family Law Claims / Motion for Court Approval of Settlements for Minors, Payment of Counsel Fees and Sealing Order; Decision on Motion

Legal Issues

  1. 1 Are the proposed settlement amounts for the minor claimants reasonable?
  2. 2 Can the Litigation Guardian manage and invest the settlement funds on behalf of the minors until majority?
  3. 3 Are the legal fees charged to the minors reasonable?

Ratio Decidendi

The court approved the settlements for each minor at $100,788.56 as reasonable in the context of the limitation funds and relevant authorities; the court declined to permit payment of the settlement funds to the Litigation Guardian and ordered the net balances of $72,538.56 per minor to be paid into the Federal Court to earn interest; the court approved counsel fees of $25,000 plus HST per minor to McLeish Orlando LLP; the sealing order was refused because the moving parties failed to establish the Sherman tripartite test, in particular a serious risk to an important public interest supported by affidavit evidence.

Court Disposition

Motion granted in part and dismissed in part

Orders

  • Settlement for Ruby Owen in the amount of $100,788.56 approved (comprising $100,000.00 damages and $788.56 pro rata costs)
  • Legal fees of $25,000.00 plus H.S.T. $3,250.00 payable to McLeish Orlando LLP in trust for Ruby Owen approved