The plaintiff, a party under a disability due to a severe head injury sustained in a jail assault, settled his negligence action against the Crown for $750,000.
The plaintiff and his litigation guardian opposed structuring the settlement funds.
On a motion for settlement approval under Rule 7.08, the court ordered the funds to be structured to protect the plaintiff's financial interests and preserve his ODSP benefits.
The court also approved the plaintiff's solicitors' request for legal fees of approximately $250,000, finding the fees reasonable given the complexity of the case, the risk assumed by the solicitors over nine years, and the favourable result achieved.
