The Agenda – Fixing Auto Insurance; A Wild Time in Public Office Thursday February 7 at 8 and 11 pm
Insurance battle after car bursts into flames
Bike Safety Is Everyone’s Responsibility
5 Ways to Work With Your Mind to Stop Negative Thoughts
2019-001: Assessments and Fees – FSRA consultation continues
[92] Having found that there is a real and substantial risk that Bon will be found incapable of managing his award after he turns 18, I must award compensation based on the likelihood that the risk will materialize and also based on whether he is likely to be incapable for the entire duration of his life.
[93] It is a certainty that Bon, who is now 14 years old, will require a guardian for property for the next four years, until he turns 18. Based on the evidence, I find that there is a 75 per cent chance that he will also require a guardian for six years from age 18 age to 24 and a 50 per cent chance thereafter.
[94] I will adopt the five per cent management fee the Court of Appeal recently found in Cadieux to be reasonable and apply it to the amount of Bon’s jury award plus prejudgment interest and the amount of his SABs settlement. As noted above, the result is $54,000.00. In a somewhat rough and ready effort to adjust this fee to reflect my assessment of the likelihood that Bon will require a guardian in the future, I will assume that Bon’s life expectancy is approximately 80 years[6] and that, as he is now 14, 66 years remain. I will award five per cent of the $54,000.00 for the first four of the 66 years, 75 per cent of five per cent for next six years and 50 per cent of five per cent for the remaining 56 years.
[95] The result is approximately $30,000.00 which is the amount of the management fee I award to Bon.