Charles W. Walters

The Public Guardian and Trustee, acting as litigation guardian for an incapable adult dependent, applied for court approval of a settlement of a dependency claim against his late father's estate.

The settlement provided the dependent with $150,000, representing more than half of the estate residue, in exchange for a full release.

The court found the settlement highly advantageous to the dependent and approved it, along with the requested legal fees of $7,966.50.

The Estate Trustee sought a Benjamin Order to distribute the residue of an estate, assuming a named beneficiary, William Graham, had predeceased the testator.

Despite extensive efforts to locate William, he remained missing.

The Office of the Public Guardian and Trustee suggested paying William's share into court for further inquiry.

The court, applying principles from Neville v. Benjamin and subsequent Canadian cases, found the inquiries sufficient and granted the Benjamin Order, allowing the Estate Trustee to distribute William's share to the remaining beneficiaries.

The Public Guardian and Trustee (PGT), acting as litigation guardian for a plaintiff under disability, brought a motion under Rule 7.08 to approve a settlement dismissing the plaintiff's action against the police without costs.

The plaintiff and his father opposed the motion, arguing the case should proceed to trial.

The court found that the plaintiff lacked capacity to conduct the litigation and that the PGT had properly assessed the case's poor prospects of success.

The court approved the settlement, concluding that proceeding to trial would likely result in a devastating costs award against the plaintiff.