Woman awarded nearly $50,000 for loss of daughter in 2011 Vancouver Island car crash

Court orders deceased father's estate to pay for the care 12-year-old would have likely given lupus-stricken mom in the future

A woman who lost her daughter to a fatal 2011 car crash on the Island Highway has been awarded nearly $50,000 for lost household services.

In a decision delivered June 29 in Vancouver, the B.C. Supreme Court ordered the estate of the deceased girl’s father to pay $42,000 under the Family Compensation Act for care the girl would have provided her mother, as well as an additional $7,016.56 in special damages.

The Family Compensation Act allows the family of an individual killed through the actions or negligence of another to seek damages commensurate with their economic loss.

The daughter, identified in court documents only as M.B., was born in Comox and spent her early years living there and near Nanaimo. She was 12 when the car her father was driving on Oct. 16, 2011 crossed the centre lane and collided head-on with another vehicle, killing father and daughter, as well as the driver of the other vehicle.

The mother and father had been separated for about six years at the time of the death. MB had been living with her mother in Mexico shortly before the accident, but had recently moved back to the Island to stay with her grandparents and attend school in Comox.

The father’s estate admitted his liability in the crash. The mother, who suffers from lupus, testified her daughter intended to become a nurse, in part to provide nursing services for her mother.

She testified her daughter would have continued to help with day-to-day tasks such as getting out of the tub or making lunch, before eventually attending university and becoming a nurse like her grandmother, at which point she would be able to provide more substantial care.

When considering the case, Justice Kenneth Ball weighed the difficulty of determining what life path a 12-year-old girl may have followed, and how much care she would have been able to provide for her mother, who now lives in Boston Bar. He referred to relevant cases that had resulted in awards of between $20,000 and $100,000, but remarked on the scarcity of case law in relation to a person of such a young age.

“The plaintiff in the present case seeks damages for loss of household services in the range of $250,000 to $500,000. This range is wholly inconsistent with the vast range of contingencies to be applied against such a claim and wholly inconsistent with any other cases dealing with the death of a child in this jurisdiction,” he wrote in his decision.

“Nonetheless, I am satisfied that the evidence supports a finding that M.B. would have provided a certain amount of assistance to the plaintiff, which requires compensation.”

Follow me on Twitter @JohnMcKinleyBP

Just Posted

Community support keeps girls hockey alive on the North Island

“A successful program depends on community engagement and support.”

Wilson recognized by Port Hardy Council for commitment to thrift store

Marg is a true leader for Port Hardy’s auxiliary and her nominators feel she is unstoppable.”

#MeToo at work: How reporting sexual harassment works – and how it doesn’t

British Columbians have four options to report harassment or assault, but none of them are easy

One person dead in logging truck collision

“The logging truck was stopped for other traffic, and it was rear-ended by a passenger car.”

#MeToo at work: B.C. women share horrifyingly common sexual assaults

It happens to more people than you might think and impacts women inside and outside of the workplace

VIDEO: Average Canadian food bill to rise by $348 in 2018

Atlantic Canada and B.C. will see the most increases for consumers

Court denies WestJet’s bid to toss out discrimination lawsuit of former worker

Mandalena Lewis is suing WestJet over allegations of gender-based discrimination

Sagmoen neighbours recall alleged hammer attack

Woman was screaming outside Maple Ridge townhouse in 2013

Accused B.C. drug smuggler to be extradited

Supreme Court of Canada upholds extradition order for accused Shuswap drug smuggler, Colin Martin

One convicted, two cleared in 2014 deaths of men in B.C.’s Cariboo

Andrew Jongbloets convicted of manslaughter in deaths of Matthew Hennigar, 23 and Kalvin Andy, 22

Firefighter dies, thousands more take on California blaze

This is second death linked to the Thomas fire, northwest of Los Angeles

INTERACTIVE MAP: Follow the 2017 Tour de Rock

Follow the Tour de Rock, as they pedal more than 1,000 kilometres fundraising to combat paediatric cancer

AHUS patient Shantee Anaquod is home for Christmas

Less than a month after receiving first dose of $750K drug, 23 year old healthy enough to go home

Moose calves rescued in northern B.C. are ‘golden nuggets:’ researcher

Calves discovered near Prince George in late May. Mother had been killed by a car

Most Read