Can funds received from a personal injury settlement be converted into an annuity for purposes of providing compensation for the individual over his lifetime?

British Columbia, Canada


The following excerpt is from L.F. v. C.G.C., 2014 BCSC 1069 (CanLII):

… Mr. Justice Melvin held that the fact that the funds were converted into an annuity for purposes of providing compensation for the individual over his lifetime did not change the character of the payment, which, in essence, was compensation to the recipient personally for injuries suffered by him. Mr. Justice Melvin cited Starratt v. Starratt, [1995] B.C.J. No. 1147 [S.C.], in which it was held that funds received by a spouse from a personal injury settlement were hers personally, and could not be viewed as a family asset.

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