Wrongful Death Law Reform Group

August 6, 2009

Filed under: General Posts — wrongfuldeathreform @ 10:35 am

People often ask why it is that cases under B.C.’s wrongful death laws are so different in principle from injury cases. In death cases scant damages are recoverable, if at all, unless the deceased had financial dependants. On the other hand, damages in injury cases are paid for past and future earnings, for out of pocket expenses such as care, and for pain and suffering.

People become especially irritated when they learn there are no restrictions on damages in defamation lawsuits. Defamation cases involving prominent citizens can fetch millions of dollars in damages. For example, former PM Brian Mulroney won a $2.1 million settlement against the Canadian government.

Our laws, rooted in our colonial past, need to be democratized. Substantial damages for injury to the reputation of a person of standing are payable. On the other hand, nothing is paid for the wrongful death of a child.

Its up to Canadian citizens to demand that the law respect the value we place on the lives of children, the elderly and the disabled.

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