The driver behind the wheel of a party bus when a woman fell through a faulty door, was run over and killed in downtown Vancouver has finally paid a $230 fine, almost two years after it happened.
If you were to die because a texting driver ran you down or a surgeon left a scalpel behind after an operation, what compensation would the courts award your loved ones?
If you’re over 65, it’s very little. If you live in B.C., it’s probably nothing at all. Before any payment for a wrongful death, the surviving spouse, adult children or estate has to prove the death was due to negligence and that damages resulted. Proving negligence is extremely costly — and showing damages can be impossible.
Logan Power was a young man with his life ahead of him. A Grade-12 honours student at Dawson Creek secondary school, Power was finishing his school career and getting ready for the rest of his life.
Then, last Sept. 9, 2016 Power was killed by an alleged drunk driver.
Representatives from several families first got together a little more than a decade ago to formalize a collective effort aimed at meaningful legislative change when it comes to wrongful death.
As each family would soon learn, families seeking justice in honour of their deceased loved ones were in essence prohibited from pursuing justice, unless their dead family members were breadwinners.
In BC, those who wrongfully take the lives of others enjoy tort immunity in innumerable cases where there is little or no pecuniary loss. This is possible because children, the elderly, and often the seriously disabled are financial dependents.
As a consequence, many lives are worthless in the eyes of BC law.