The appellant appealed a decision awarding the respondent an investment counselling fee following a serious personal injury.
The Supreme Court of Canada dismissed the appeal, holding that a defendant must take the plaintiff as they find them, including their level of intelligence.
A management or investment counselling fee should be awarded if the plaintiff lacks the ability or acumen to manage their affairs or invest funds for future care.
The Court upheld the Court of Appeal's award of $40,000 for investment advice.
