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Whitson v Whitson
The case of Whitson v. Whitson, dated September 25, 2023, involved the plaintiff, Justin Whitson, who had suffered severe birth injuries, leading to a lawsuit against the doctors and the hospital. When Justin was seven, a settlement had been reached, which included monthly annuity payments until the age of 30 and lump sums at ages 19, 25, and 30. These payments were supposed to be managed by Justin's mother, defendant Claire-Laura Whitson, as the trustee, as long as he remained in her care. In 2005, an order allowed Justin to receive the funds directly at 19 or through his Committee. Regrettably, when Justin turned 19, his mother continued to receive the annuity payments, failing to provide proper accounting. Consequently, he filed a lawsuit seeking damages for the loss of his Annuity benefits from the age of 19 up to May 15, 2015. He alleged breach of trust and fiduciary duty against his mother and negligence against the Public Guardian and Trustee (PGT) for failing to ensure his benefit. The court had awarded Justin $441,700 plus prejudgment interest from Claire Whitson. The remaining claims had been dismissed, and the parties were given the option to submit written submissions on costs.
Justin Dwight Hector Whitson
Law Firm / Organization
Not specified
Lawyer(s)

J. Horton

Claire-Laura Whitson by Her Litigation Guardian J. Scott Stanley
Law Firm / Organization
Not specified
The Public Guardian and Trustee of British Columbia
Law Firm / Organization
Not specified
Lawyer(s)

R. McLarty

R. Powell

Dwight Whitson
Law Firm / Organization
Not specified
Supreme Court of British Columbia
S171474
Personal injury law
$ 441,700
Plaintiff