When Are Structures Mandatory?

There are several situations where structured settlements are mandatory by way of legislative or regulatory pronouncements. There are also a number of scenarios where a structured settlement is “mandatory” in the sense that a plaintiff’s lawyer could be found to be negligent if he or she failed to introduce the notion of structured settlements to the client and/or failed to get specific written instructions to avoid structuring some or all of a settlement or judgment notwithstanding the recommendation from counsel to enter into a structure.

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Presented at Ontario Trial Lawyers' Association 2014 Spring Conference

Andrew Murray

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