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Innovative Techniques for the Fatality Trial
The fatality trial presents special challenges to Plaintiffs’ counsel to overcome our judiciary’s conservatism in awarding damages in wrongful death cases. Perhaps fearful that awards would significantly increase as they have in the United States, our judicial system has kept them suppressed. If emotions and our natural sympathies that flow from wrongful death claims were allowed into the courtroom then some would argue that awards would spiral out of control.
Allowable Investments
The investments a trustee can make are governed by sections 27-31 of the Trustee Act. The general rule pertaining to a Trustee’s power of investment is that a trust instrument can define the Trustee’s powers of investment. Trustees are bound by the instructions in the trust deed; the trust’s funds must be invested in strict accordance with the powers granted the trustee, regardless of what may be allowed by the Trustee Act. Should the trust instrument remain silent on investment powers, then, historically speaking, trusts were for the most part confined to judicial and later statutory lists of authorized investments.
Catastrophic Impairment
The loss of the interdependent relationship can best be described as the loss of opportunity to form a permanent interdependent relationship with another individual whether that be through marriage or common law co-habitation. The main component to the loss of an interdependent relationship is the loss of financial benefits from shared family income.