The Supreme Court of British Columbia held that the Public Guardian and Trustee owed no duty of care, but found Claire-Laura Whitson liable for breach of trust.
Court found applicant entitled to non‑compensatory spousal support due to permanent disability and need, concluded respondent's structured settlement annuity payments are income for support purposes (akin to disability benefits) but determined respondent has already satisfied his support obligation through prior annuity payments of approximately $65,000; accordingly no further payments are required despite an assessed guideline amount.
The court refused to approve an infant settlement structured to pay benefits after majority, finding it was not shown to be in the child’s best interests.