The court issued a further endorsement regarding a proposed settlement and application materials for Xinshi Wang, a mentally incapable applicant represented by litigation guardians.
The judge raised several concerns, including the absence of the full McKellar Structured Settlement report, insufficient explanation for the recommended settlement amount, lack of evidence regarding offers exchanged, improper commissioning of affidavit exhibits, and non-compliance of the contingency fee retainer agreement (CFRA) with the Solicitors Act.
Specific concerns were also raised about Ms. Wang's capacity to sign the CFRA and the lack of translation evidence.
Additionally, the proposed management plan to purchase a house for Ms. Wang was deemed not in her best interests, citing contradictory evidence regarding her living environment and the care provided by her ailing husband and daughter-in-law.
The court required additional evidence to address these issues before approving the settlement, CFRA, or management plan.
