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

Welcome to Victoria, where a street can have four names

From Oak Bay to View Royal, street names change as the roadways twist and turn

Port Renfrew man charged with animal cruelty

Hot coffee poured on dog’s face, say police

Sooke cougar sighting unconfirmed

Boy had a close encounter with the big cat

Central Saanich makes moves to alieviate business transit concerns

Councillor calls for enhanced service and long-term transit passes

Garbage piles up at Mount Doug Park in Saanich

Local resident blames the design of the garbage bins

VIDEO: B.C. MLA Michelle Stilwell takes first steps in nearly 30 years

‘It actually felt like walking. It’s been 27 years… but it felt realistic to me’

Report of dead body in B.C. park actually headless sex doll

This discovery, made at Manning Park on July 10, led police to uncovering two other sex mannequins

Grand Forks fire chief found to have bullied, harassed volunteer firefighter: report

WorkSafeBC, third-party human resources investigation looking into allegations complete

Taekwondo instructor, 21, identified as B.C. bat rabies victim

Nick Major, 21, an instructor at Cascadia Martial Arts in Parksville

15-year-old with imitation gun caused ‘dynamic’ scene at Nanaimo mall

No one was harmed in Monday’s incident, say Nanaimo RCMP

B.C. on right road with tougher ride-hailing driver rules, says expert

The provincial government is holding firm that ride-hailing drivers have a Class 4 licence

RCMP investigating alleged ‘sexual misconduct’ by cyclist on BCIT campus

BCIT said they were reviewing video evidence of the incident

New home cost dips in B.C.’s large urban centres

Victoria, Kelowna, Vancouver prices decline from last year

Graphic suicide scene edited out of ‘13 Reasons Why’ finale

Suicide prevention groups support the decision

Most Read