Mr. Chin ran down Mrs. Moss at a pedestrian crosswalk. Because she suffered severe brain damage, her interests were represented by the Public Trustee. The Public Trustee sued Mr. Chin in the tort of negligence and claimed, amongst other things, compensatory damages for the cost of Mrs. Moss's future medical expenses. Over time, as negotiations between the parties progressed, Mrs. Moss's physical condition deteriorated, and she eventually died. The Public Trustee, however, chose not to reveal the fact to Mr. Chin. Based on his belief that Mrs. Moss would require ongoing medical treatment, Mr. Chin eventually settled the case out of court for more than $300,000 in exchange for the Public Trustee cancelling the trial and not seeking recovery of any medical expenses. Two months later, he has now discovered the truth that Mrs. Moss died before he signed the settlement agreement. He therefore demands repayment. The Public Trustee, on the other hand points to the settlement agreement that it had persuaded Mr. Chin to sign. Does the Public Trustee have any grounds for keeping the money and will the Public Trustee succeed?