Legal Insights

The Verdict: IN THEIR NAME & IN THEIR HONOUR: Decade-Long Quest Continues for Families Seeking Justice

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.

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Parliament of Canada

Trial Lawyers Association of British Columbia: Wrongful Death Legislation Required throughout Canada

If justice is the goal, federal Bill C-35 is a step forward but leaves an enormous gap.

Introduced in Parliament on June 2, the Justice for Victims of Terrorism Act will become a hollow remedy unless amendments are made that provide damages for loss of life, as laid out in British Columbia by the proponents of a Wrongful Death Act.

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Vancouver Sun: No compensation for grief: Courts rarely offer financial awards to families who lose a child or grandparent to negligence

Children who die as a result of negligence have no value in BC courts. Neither do older people who are no longer working.

Under BC’s Family Compensation Act, their families can sue the negligent party, but likely will be unable to recover the costs of those lawsuits out of potential damage awards.

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