Overview
When a minor is injured as a result of another person's negligence, the person or their insurer may offer money to settle the minor’s resulting civil legal claim. The Public Guardian and Trustee (PGT) reviews the proposed personal injury settlement to see that it fairly compensates the minor.
Under the Infants Act we can:
- Approve or reject settlements of $50,000.00 or under
- Where a settlement exceeds $50,000.00, make a recommendation to court for final approval
Personal injury settlements include:
- Motor vehicle accident claims
- Dog bite claims
- Wrongful death claims about an infant’s deceased parent(s)
- Other claims for unliquidated damages
For purposes of this page and linked documents, the term “minor” refers to a person in B.C. who is under the age of 19. It includes an “infant” for purposes of the Infants Act and a “child” for purposes of the Family Law Act.
If you need to submit a settlement proposal for an accident that occurred before April 30, 2021, please refer to the following information for assistance:
- For an overview of the PGT's statutory authority, procedures and forms, please see Settlement documentation and procedure (PDF, 72.45KB)
- For common information required in settlement submissions to the PGT, please see Review requirements checklist (PDF, 35.79KB)
- For information on what to include in your submission letter, please see Settlement submission guidelines (PDF, 74.88KB)
Questionnaires and forms
- To provide information relevant to an infant’s claim for damages, please complete the Child/parent/guardian questionnaire (PDF, 59.07KB)
- To provide information relevant to an infant’s head injuries, please complete the Head injury symptoms form (PDF, 56.23KB)
Sample guardian settlement agreements
- Guardian settlement agreement ($50,000 or under): PGT will be Trustee (PDF, 64.06KB)
- Guardian settlement agreement ($50,000 or under): Court appoints Trustee (PDF, 61.28KB)
Sample court orders
- Consent order for infant settlement ($50,000 or under) (PDF, 58.54KB)
- Order for infant settlement (over $50,000) – Action commenced (PDF, 61.83KB)
- Order for infant settlement (over $50,000) – No action commenced (PDF, 61.28KB)
You can also download the complete Settlement Submissions under the Infants Act (PDF, 347.44 KB) package which includes all of the documents listed above.
Motor vehicle accidents
Motor vehicle accidents on or after May 1, 2021
As of May 1, 2021 the Insurance Corporation of British Columbia (ICBC) moved to the Enhanced Care Model. For more information, contact ICBC.
Accidents on or before April 30, 2021
For vehicle accidents that happened between April 1, 2019 and April 30, 2021, there are limits on general damages for injuries that meet the definition of “minor injuries,” as defined under section 101 of the Insurance (Vehicle) Act. For information about claims between April 1, 2019 and April 30, 2021, please review the following three scenarios:
- Involving injured infant with damages less than $50,000 and all parties in agreement
- Involving injured infant with damages greater than $50,000 and no initial court action
- Involving injured infant with damages greater than $50,000 and court action initiated
How to serve an infant settlement review to the PGT
Please submit your Infant Settlement documents and payment online. If you are not able to submit online or run into any difficulties making your submission, please contact us at cyslegal@trustee.bc.ca for assistance.
Fees
The PGT charges a fee for reviewing applications under the Infants Act. This fee is based on a sliding scale, depending on the proposed settlement amount. The fee is payable upon submission of the settlement for review. All fees charged by the PGT are set by the B.C. government in the Public Guardian and Trustee Fees Regulation. For more information, see Fees for protective legal review services.