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

The Parksville Civic and Technology Centre at 100 Jensen Ave. (PQB News file photo)
Parksville 2020 annual report now ready for public feedback

Documents can be viewed online; comments or questions to be submitted before noon on July 5, 2021

FILE – Perry Bellegarde, National Chief of the Assembly of First Nations, takes part in an event on Parliament Hill in Ottawa on Tuesday, July 7, 2020. THE CANADIAN PRESS/Sean Kilpatrick
Indigenous Peoples Day must be a ‘call to action’, says Assembly of First Nations chief

Discovery of children at Kamloops residential school site must lead to change, Perry Bellegarde says

A Lotto 6/49 ticket purchased in Parksville for the June 19, 2021 draw is a $3M winner. (Submitted photo)
Winning Lotto 6/49 ticket worth $3M purchased in Parksville

Lottery prize winners have 52 weeks to claim jackpot

The border crossing into the United States is seen during the COVID-19 pandemic in Lacolle, Que. on February 12, 2021. THE CANADIAN PRESS/Paul Chiasson
VIDEO: Border quarantine to soon lift for fully vaccinated Canadians

Eligible travellers must still take multiple COVID-19 tests

Chilliwack secondary school’s principal is apologizing after a quote equating graduation with the end of slavery in the U.S. was included in the 2020-2021 yearbook. (Screenshot from submitted SnapChat)
B.C. student’s yearbook quote equates grad to end of slavery; principal cites editing error

Black former student ‘disgusted’ as CSS principal apologizes for what is called an editing error

Skeena MLA Ellis Ross. (Photo by Peter Versteege)
BC Liberal leadership candidate condemns ‘senseless violence’ of Okanagan church fires

Skeena MLA Ellis Ross says reconciliation isn’t about revenge for past tragedies

A coroner’s inquest will be taking place at the Capitol Theatre in Port Alberni for the next week. (ELENA RARDON / ALBERNI VALLEY NEWS)
Teen B.C. mom who died following police custody recalled as ‘friend to many’

Police sent Jocelyn George to hospital after intoxication had gone ‘beyond the realm’ of normal detox

FILE - In this Nov. 29, 2020, file photo, Las Vegas Raiders defensive end Carl Nassib leaves the field after an NFL football game against the Atlanta Falcons in Atlanta. Nassib on Monday, June 21, 2021, became the first active NFL player to come out as gay. Nassib announced the news on Instagram, saying he was not doing it for the attention but because “I just think that representation and visibility are so important.” (AP Photo/John Bazemore, File)
Nassib becomes first active NFL player to come out as gay

More than a dozen NFL players have come out as gay after their careers were over

Penticton Indian Band Chief Greg Gabriel speaks to the Sacred Hearts Catholic Church burning down early Monday morning, June 21, 2021. (Monique Tamminga Western News)
Penticton band chief condemns suspicious burning of 2 Catholic churches

Both Catholic church fires are deemed suspicious, says RCMP

COVID-19 daily cases reported to B.C. public health, seven-day moving average to June 17, 2021. (B.C. Centre for Disease Control)
B.C.’s COVID-19 infections drop to 90 on Sunday, 45 Monday

Pandemic spread dwindles as 77% of adults receive vaccine

Emergency vehicles are parked outside of the Wintergreen Apartments on Fourth Avenue. (SUSAN QUINN / Alberni Valley News)
Port Alberni RCMP investigate stabbing on Fourth Avenue

Two men were found with ‘significant’ injuries near Wintergreen Apartments

By protesting uninvited in First Nations’ territories, conservationists are acting in a neocolonial or paternalistic manner, says Huu-ay-aht Chief Robert Dennis. Photo by Heather Thomson
A closer look: do Vancouver Island First Nations support the war in the woods?

First Nations/environmentalist old growth alliance uneasy, if it exists at all

Most Read