TVA | Precedent materials on Infant Settlement provide you with both application and motion materials to assist you in obtaining an order for the approval of a settlement under Rule 7.08 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194. While often referred to as “infant settlements”, the Rule applies to settlements made on behalf of “persons under disability”, the definition of which includes both minors and persons deemed to be mentally incapable.
Materials for settlements for persons under disability
Application (i.e. where no action has been commenced) on behalf of a mentally incapable plaintiff for the approval of a structured settlement of SABS entitlements. Document includes:
- Application Record Cover & Index
- Notice of Application
- Minutes of Settlement
- Affidavit of Litigation Guardian
- Affidavit of Counsel to Litigation Guardian
- Consent to the Parties
- Draft Judgment
Materials for Infant Settlement
Motion (i.e. within an action) on behalf of a minor plaintiff for the approval of the non-structured settlement of a tort action. Document includes:
- Motion Record Cover & Index
- Notice of Motion
- Affidavit of Counsel to Litigation Guardian
- Affidavit of Litigation Guardian
- Minutes of Settlement
- Consent of the Parties
- Draft Judgment
As each situation is fact specific, the facts of your case will dictate which set of precedents to use, whether a hybrid of the two versions is most appropriate, and what additional language will be required to best describe the settlement terms agreed to in your particular case.
Cost: $375 + HST (includes both Application and Motion materials)