T. Percival

The plaintiffs brought a motion under Rule 7.08 for approval of a minor's settlement.

The court previously approved the settlement amount and legal fees but adjourned the matter to determine whether the net funds should be paid into an RESP instead of to the Accountant of the Superior Court.

Based on the litigation guardian's financial expertise and the benefits of government grants, the court found that payment into an RESP was more advantageous and in the minor's best interests.

The settlement and payment structure were approved.

The plaintiffs brought a motion under Rule 7.08 for approval of a $40,000 all-inclusive settlement arising from an incident where a refrigerator door fell on the infant plaintiff in the defendant's grocery store.

The court approved the settlement amount and the 30% contingency fee, noting the fee must be calculated on the settlement amount excluding costs.

However, the court adjourned the request to pay the funds into an RESP rather than to the Accountant of the Superior Court, requiring further evidence that the RESP is more advantageous.