The Public Guardian and Trustee, acting as litigation guardian for a plaintiff under a disability, brought a motion under Rule 7.08 for court approval of a $65,000 settlement of his claims against police officers for alleged excessive use of force (Taser deployment).
The plaintiff's family opposed the settlement, arguing for higher damages.
The court reviewed the liability risks, including conflicting evidence on the number of Taser deployments and the application of s. 25(2) of the Criminal Code, as well as the medical evidence regarding damages.
The court concluded the settlement was fair, reasonable, and in the plaintiff's best interests, and approved the settlement along with $5,000 in costs to the PGT.
