Grieving families say their lost loved ones are ‘worthless’ under B.C. law, call for changes.

BC Law

The Family Compensation Act was created in 1846, then known as the Fatal Accidents Act. Modeled after British Law, it allows the courts to compensate for the death of the main wage earner who would have continued to earn income for a longer period of time. Very little has changed with the law since the law was enacted.

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. When they are wrongfully killed, it is usually a pecuniary benefit to those who may be financially responsible for their care. There are no damages available for loss of companionship or because of moral prejudice/distress due to injustice. As a consequence, many lives are worthless in the eyes of BC law.

David Eby’s position and record on changing the Family Compensation Act.

MLA Mike Bernier has introduced “Logan’s Law,” aimed at helping families of victims killed by careless or intentional acts of others. See his motion.

The BC Wrongful Death Reform Society has been try to reform the law since 2005.

Proposed legislation by The BC Wrongful Death Reform Society

The BC Government accountability facade:

BC Government Accountability

Along our journey of trying to discover the truth of what happened to Sidney, we met only resistance from the agencies, and the very antithesis of accountability.

Patient safety event reviews and Section 51 of the BC Evidence Act:

Section 51 of the BC Evidence Act prohibits the disclosure of information and documentation collected as part of a hospital’s quality of care review.

Read about Section 51:

FAQs

What are Pecuniary Damages? Give some examples:

Pecuniary damages are simply quantifiable compensatory damages. They can be measured in financial terms. They are any expense that directly linked to the incident in question and clearly quantifiable. Examples of pecuniary damages include:

Medical Costs, which may include ambulance bills, hospital bills, doctors’ bills medication expenses, etc.
Lost Wages, which usually include income that’s lost because the claimant can’t work as a result of the incident in question
Future Care Costs, which may be a concern if an injury results in long-term care needs
Physical Damage, which may include damage to any property owned by the claimant

What are Non-Pecuniary Damages? Give some examples:

Non-pecuniary damages are compensatory damages that can’t be clearly quantified in monetary terms. Examples are:

Pain and Suffering, which may be awarded if the claimant experiences serious pain and/or suffering because of the incident
Emotional Distress, which may be awarded if the claimant experiences depression, anxiety or other emotional harm because of the incident
Impairment of Life, which may be awarded if the claimant experiences a long-term reduction in their quality of life because of the incident
Impairment of Relationships, which may be awarded if the claimant’s relationships with family, friends, colleagues or others deteriorate because of the incident
Impairment of Mental Abilities, which may be awarded if the claimant’s mental capabilities are reduced by the incident
Impairment of Physical Abilities, which may be awarded if the claimant’s physical capabilities are reduced by the incident
Loss of Future Wages, which may be awarded if the claimant’s ability to work in the future is diminished by the incident