2 total
The court approved a $250,000 settlement for an incapable plaintiff but sought PGT input on the fund management plan.
The court approved an all-inclusive settlement of $250,000 for the plaintiff, an incapable person, finding it reasonable and in her best interests.
The court also approved legal fees of $44,226.21 plus HST and disbursements, adjusting the amount requested by counsel and rejecting the original contingency fee agreement.
The management plan for the remaining settlement funds was not finalized, with the court seeking input from the Public Guardian and Trustee due to reservations about a proposed real estate purchase.
The court declined to approve a settlement and contingency fee agreement for an incapable person due to evidentiary deficiencies and concerns over the management plan.
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.
