Damages totaling almost $500,000 were awarded this week to a 10-year-old child arising out of the wrongful death arising from the murder of her mother by her husband. The damages were awarded pursuant to the Family Compensation Act, R.S.B.C 1996, c. 126 [FCA].
For additional blogs on the Family Compensation act and wrongful death claims, please visit the blogs on this site dated:
December 13,2012: Claims for Punitive and Aggravated Damages cannot be made in Wrongful Death Claims
August 10,2013: Wrongful Death Claims and the Family Compensation Act
August 11,2013: Wrongful Death Claims – Loss of Financial Support
The case is reported asPanghali v. Panghali, 2014 BCSC 647
The defendant was convicted of second-degree murder and sentenced to life imprisonment with no eligibility for parole for 15 years.
The issue at trial was the quantification of damages for wrongful death that would be due and payable to the dependent child of the victim, and the appropriate statute is the Family Compensation act.
In a nutshell it might be said that the damages for the wrongful death of the mother is really what is the value of the loss of mother to a young daughter, caused by the wrongful death of another?
Section 2 of the Family Compensation act states as follows:
2 If the death of a person is caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not resulted, have entitled the party injured to maintain an action and recover damages for it, any person, partnership or corporation which would have been liable if death had not resulted is liable in an action for damages, despite the death of the person injured, and although the death has been caused under circumstances that amount in law to an indictable offence.
Regrettably the damages for wrongful death under the Family Compensation Act are essentially limited to economic loss , with little or no provision allowable for the pain and suffering caused by loss of a loved one .
The purpose of the FCA to place claimants in the economic position they would have been in but for the death (Keizer v. Hanna and Buch, [1978] 2 S.C.R. 342 at 351).
Recoverable losses are restricted to pecuniary losses, including “the actual financial benefit of which the [the claimant] has been deprived and … financial benefit which might reasonably be expected to accrue in the future if death had not occurred”: Cox v. Takahashi (1977), 5 B.C.L.R. 162 at 164; see also Brown v. Finch (1997), 42 B.C.L.R. (3d) 116 (C.A.).
A summary of the damages calculation for the wrongful death in this case are as follows :
a) Past Loss of Dependency: $54,700
b) Future Loss of Dependency: $165,000
c) Past Loss of Household Assistance and Childcare: $129,000
d) Future Loss of Household Assistance and Childcare: $172,000
e) Loss of Guidance: $35,000
f) Public Guardian and Trustee fees of $58,600
g) Tax Gross-up to be resolved by counsel; failing agreement, liberty to apply is granted.
h) Court ordered interest as ordered.
i) Costs to the plaintiffs at Scale B.
