A motion was brought in this case to approve a settlement Mr. Wagner negotiated on behalf of the Plaintiff, an infant who suffered serious and permanently disabling injuries at birth. As with any settlement for a claimant who has not reached the age of majority, the details of this settlement required judicial approval.
This case arose from successful mediation of a claim in medical malpractice. Several complex issues were considered, including the respective amounts due to family members under the settlement and the use of a structured settlement to ensure financial security for the infant Plaintiff for years to come.
The Court also endorsed the use of a Contingency Fee Agreement in such circumstances, as they “serve as a valuable tool for the vast majority of citizens who lack adequate resources to access justice and to maximize the legitimate potential of their case.”
The full text of the decision can be read here: http://canlii.ca/t/25dxx