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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

This property, at 1980 Fairfield Place, is adjoined to Gonzales Hill Park and is the centre of community opposition and a B.C. Supreme Court case as owners are looking to build a single-family home on the lot. Jake Romphf/News Staff
Home construction near Victoria’s Gonzales Hill Park spurs legal battle

Gonzales Hill Preservation Society worried about impacts to the park’s wildlife, rare fauna, views

Traffic heading south on Highway 17 and looking to turn left onto Beacon Avenue wait for the light to turn Tuesday morning. A report finds the intersection is experiencing “failing levels of service” for certain movements during the morning peak hours as well as the afternoon peak hours. (Wolf Depner/News Staff)
Major Sidney intersection already deficient predicted to get worse

New report also finds area’s pedestrian and cycling infrastructure in need of improvement

The artist rendered Sadie with a few more ribs and wrinkles than she had in real life, and with the fading of her paint she looks a little sad. But real-life Sadie was an energetic hunting dog, her owner Cliff Curtis said. (Zoe Ducklow/News Staff)
Dog sculpture at Glen Lake Park based off a happy hunting hound

Sadie the dog was not as old as the concrete art looks almost 20 years later

Demonstrators at the legislature on April 14 called on the province to decriminalize drug possession and provide widespread access to regulated safe supply across B.C. (Jake Romphf/News Staff)
Rally calls for decriminalization, safe supply as overdose emergency turns 5

From 2016 to the end of February, 7,072 British Columbians died due to overdose

The Latoria South section of the Royal Bay development in Colwood could include a new long-term care facility. (Black Press Media file photo)
Colwood’s Royal Bay could be home to new long-term care facilities

Capital Regional Hospital District board approves $8M land purchase for purpose

(Black Press Media file photo)
POLL: Do you have a plan in place in the event of a tsunami?

Tsunamis have claimed the lives of more than 250,000 people between 1998… Continue reading

Anyone with information on any of these individuals is asked to call 1-800-222-TIPS (8477) or visit the website victoriacrimestoppers.ca for more information.
Greater Victoria Crime Stoppers wanted list for the week of April 13

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

(Government of Canada)
Liberal MP caught stark naked during House of Commons video conference

William Amos, in Quebec, appeared on the screens of his fellow members of Parliament completely naked

Provincial health officer Dr. Bonnie Henry updates B.C.’s COVID-19 situation at the B.C. legislature, Feb. 1, 2020. (B.C. government)
B.C.’s COVID-19 case count jumps to 1,168 Wednesday, nearly 400 in hospital

Now 120 coronavirus patients in intensive care, six more deaths

Moss covered branches are seen in the Avatar Old Growth Forest near Port Renfrew on Vancouver Island, B.C. Thursday, Sept. 29, 2011. THE CANADIAN PRESS/Jonathan Hayward
B.C. blockades aimed at protecting old-growth forests reveal First Nation split

Two Pacheedaht chiefs say they’re ‘concerned about the increasing polarization over forestry activities’ in the territory

One of the grand prizes for this year's Hometown Heroes Lottery includes a seaside home at SookePoint, $1.5 million, and an Audi Quattro. (Photo courtesy of Hometown Heroes)
Hometown Heroes Lottery features seaside home in Sooke

A stunning seaside home in Sooke could be yours for the price… Continue reading

City workers from Duncan were busy recently putting up street signs in both Hul’q’umi’num’ and English. (Submitted photo)
Hul’q’umi’num street signs installed in downtown Duncan

Partnership with Cowichan Tribes sees English street names twinned with Indigenous language

A still from the video taken of a violent arrest on May 30, 2020 in downtown Kelowna. (File)
Kelowna Mountie charged with assault for caught-on-camera violent arrest

Const. Siggy Pietrzak was filmed punching a suspected impaired driver at least 10 times during an arrest

Most Read