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Ontario Court of Appeal rules structured settlements are 'income' not 'property'

Monday, March 27, 2017 @ 7:11 PM | By Cristin Schmitz

In a noteworthy decision for both the family law and personal injury bars, the Ontario Court of Appeal has ruled that personal injury structured settlements are “income”— not matrimonial “property” — and thus their value is not shared between the estranged spouses.

Justice Eileen Gillese’s March 27 ruling allows the appeal of Donna Hunks from a 2015 Superior Court decision that incorrectly ruled that the disabled wife’s $1,500-per-month-for-life income — via a structured settlement annuity obtained following a serious accident — was “property” within the meaning...