What is the legal test for setting an infant’s settlement fee?
Saskatchewan, Canada
The following excerpt is from Juchacz v. Perras, 1983 CanLII 2424 (SK QB):
In Smulon v. Katzenback, 1980 CanLII 2221 (SK QB), 6 Sask. R. 40; [1981] 1 W.W.R. 400, Noble, J., fixed the fee at 10% of the infant’s settlement.
The fact that the mother of the infant may have agreed to a certain rate is not binding on the court: See Re Schmidt v. Schroeder, 1981 CanLII 2360 (SK QB), 15 Sask. R. 230; [1981] Sask. D. 3720-01.
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