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

Regional District of Nanaimo board will be almost all new

Only 3-4 directors out of 19 returning to RDN board table

Senior Whalers duke it out but suffer loss

Ballenas need to win last two games to make it to the playoffs

Paper delivery may be late in some areas Oct. 25

Please note delivery of the PQB News may be late in some… Continue reading

RDN gets three new faces for Area F, G and H

Salter, Gourlay and McLean take most votes for Regional District of Nanaimo directors

Surprise start to arts career for newly-arrived Qualicum Beach painter

From factory worker to commercial artist to teacher

B.C. sailor surprised by humpback whale playing under her boat

Jodi Klahm-Kozicki said the experience was ‘magical’ near Denman Island

WWE star Roman Reigns announces he has leukemia

Grappler formerly played in CFL

China opens mega-bridge linking Hong Kong to mainland

The $20 billion bridge took almost a decade to build while incurring major delays and cost overruns

Dangerous Cat 4 Hurricane Willa closing in on Mexico coast

Officials said 7,000 to 8,000 people were being evacuated from low-lying areas, mostly in Sinaloa state

Excessive speed named as cause of Taiwan train derailment

18 people were killed and at least 170 more were injured

Ovechkin has 4 points as Caps rough up Canucks 5-2

WATCH: Defending champs pick up impressive win in Vancouver

Man reportedly exposing himself to Vancouver Island students

Incident happened Monday afternoon at Lake Trail School in Courtenay

B.C. government moves to tighten resource industry regulations

New superintendent will oversee engineers, biologists, foresters

Most Read