Wrongful Death Claims – Loss of Love, Care and Companionship (Part 3)

In the last part of our recent Wrongful Death series, we discuss compensation for the loss of love, care and companionship for surviving family members. The Family Compensation Act creates a statutory cause of action for wrongful death claims and compensation available.  It does not, however, clearly define the type of damages that are available.…

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Wrongful Death Claims and Trial Decisions (Part 2)

In our previous blog post about ICBC Wrongful Death Claims and Medical Malpractice Wrongful Death Claims, we focused on the Family Compensation Act that governs these types of claims.  In this article, we focus on Wrongful Death claims that have proceeded to trial. In Roberts v Morgan, 2019 BCSC 2313, the surviving spouse and son of…

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Wrongful Death Claims and the Family Compensation Act (Part 1)

When a death is caused by a motor vehicle accident or medical malpractice, there is a potential claim for Wrongful Death.  This is part 1 of a 3 part series about Wrongful Death claims in BC.  This 1st blog post will focus on the legislation (statute) governing Wrongful Death claims.  The 2nd will focus on…

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Shot Dead on Grizzly Bear Hunt and Signed Release no Bar to Claim

The deceased was shot and killed accidentally by a guide near Burns Lake, British Columbia while participating in a grizzly bear hunt. This is the wrongful death claim of the widow. At issue was a release of liability sign by the deceased for the hunting season the year before the hunt in which he was killed.(Cooper v. Blackwell,2017…

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Killed by Drunk Boyfriend but 20% at Fault for being Passenger

The claimants’ 26 year old daughter was killed in a horrific single car accident, when she was a passenger in a car driven by her live-in boyfriend, the defendant.  The boyfriend had been smoking marijuana, consuming a great deal of alcohol and driving with extreme recklessness. This claim was brought by the family under the Family Compensation…

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Cyclists Causing Personal Injury and Death Not Insured

If a pedestrian is hit by a British Columbia car, ICBC accident benefits can provide up to $150,000 in medical rehabilitation expenses and disability benefits of up to $300 per week. If the same pedestrian was hit by a bicycle, she would get nothing. The  Chinese tourist pedestrian killed by a cyclist in Stanley Park…

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Car Accident Award for Death of a Father Signals Change

The 3 year old claimant’s father was killed in a motor vehicle accident resulting in this Wrongful death award to daughter (Duncan v. Brown,2014 BCSC 153). Changes to the law now prevent ICBC and other insurance companies from avoiding a child’s claim for loss of dependency due to the existence of a step parent. The car…

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