Does a management fee apply to the lump sum portion of an award that is not part of the structured settlement?
Ontario, Canada
The following excerpt is from Campbell v. Roberts, 2014 ONSC 5922 (CanLII):
The question remains as to whether a management fee should be applied to that lump sum part of the award that is not part of the structured settlement. Again, in Wilson v. Martinello the Court of Appeal remarked that a management fee would only be appropriate “where the recipient of a lump sum award needs professional help in order to preserve the award and invest it so as to provide for periodic payments to meet future care costs or other anticipated future needs.”[78] Given that the future care costs and other needs are provided for through the structured settlement (which does not attract a management fee), I can find no rationale to award a management fee on top of the lump sum portion of the award.
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