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Structured settlement and solicitor fees approved for a disabled plaintiff injured in a jail assault.
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.
The accused was acquitted of all historical assault and firearms charges due to reasonable doubt and lack of corroboration.
The accused was charged with eleven counts of assault, sexual assault, pointing a firearm, and unlawful confinement spanning from 1986 to 1994, all allegedly committed against the same victim.
The Crown's case relied primarily on the testimony of the complainant, with limited corroborating medical evidence.
The accused denied all allegations.
The court applied the R. v. W(D) test and found that while the complainant's evidence was presented, the Crown failed to prove each charge beyond a reasonable doubt.
The court found the accused's testimony equally believable and noted significant gaps in corroborating evidence, including incomplete medical records and the passage of time affecting memory.
All charges resulted in acquittals.
