Clae Willis

The applicant, who suffered a catastrophic brain injury in a motor vehicle accident, sought court approval of a $1,450,000 settlement of her Statutory Accident Benefits (SABS) claim.

The court declined to approve the settlement, finding the evidence insufficient to establish that the proposed discount from the full value of her future care needs was in her best interests.

The court also identified deficiencies in the evidence regarding the applicant's capacity to manage property and the proposed allocation of settlement funds.

The application was adjourned to a case conference to address next steps, including procedural issues regarding corporate representation and affidavit evidence.

The applicants, granddaughters of the deceased, brought an action against the respondent, their aunt, seeking to set aside a 2008 agreement that transferred the deceased's interest in her home and pension income to the respondent in exchange for lifelong care.

The respondent had acted under a power of attorney for property.

The court found that the deceased lacked capacity to enter the agreement and that the respondent breached her fiduciary duties under the Substitute Decisions Act by making a transfer that was not 'reasonably necessary' for the deceased's care.

The agreement was set aside, and the respondent was ordered to return the property interest to the estate and account for commingled funds.

However, the court recognized the extraordinary care the respondent provided to the deceased and awarded her $273,039.54 in quantum meruit compensation as an equitable set-off against the estate.

The court declined to remove the respondent as an estate trustee or award punitive damages.