Can an annuity be converted into a personal injury settlement?

In Drean, the damages settlement was in the form of an annuity. Mr. Justice Melvin held that the fact that the funds were converted into an annuity for purposes of providing compensation for the individual over his lifetime did not change the character of the payment, which, in essence, was compensation to the recipient personally for injuries suffered by him. Mr. Justice Melvin cited Starratt v. Starratt, [1995] B.C.J. No. 1147, in which it was held that funds received by a spouse from a personal injury settlement were hers personally, and could not be viewed as a family asset.