In British Columbia, there is no action for wrongful death. The Family Compensation Act creates a cause of action for a deceased’s surviving dependents against a person who wrongfully caused the death.
The law is clear that the purpose of the Family Compensation Act is to put those surviving dependents in the same economic position they would have been in had the wrongful death not occurred. There are no amounts compensable for pain and suffering endured by the surviving dependents, only the economic loss.
The heads of damage the courts have awarded under the Family Compensation Act are as follows:
Loss of Financial Support
If the dependents were financially supported by the deceased, then they are entitled to be compensated in such a way so as to provide for this support to be continued. The courts have commented that assessing the deceased income minus their own consumption is the starting point for this analysis, but there are always contingencies to be considered. This process has been referred to as an “inquiry into the unknowable” Morrison v Moore, 2009 BCSC 1656 at para. 30.
Loss of Guidance
This head of damage is typically awarded to young children dependents. Commonly referred to as an award for “care, guidance and affection”, this head of damage is intended to replace the financial advantage they were have from the deceased’s continued guidance and support. It is typically a nominal amount.
Loss of Inheritance
the courts have generally awarded nominal amounts on this head of damage where is it difficult in assess what assets a person may have accumulated and consumed over their lifetime. Where there is clear evidence of the deceased planning on leaving a substantial estate, higher amounts have been awarded
Loss of Household Services
This amount compensates the dependents for the loss of household services provided by the deceased. The value is typically whatever the cost of hiring replacement services, such as gardeners or cleaners.
Special Damages
Typically funeral costs and grief counselling are awarded.
Quantifying a Family Compensation Act claim requires consideration of the financial impact on the surviving dependents. The courts have been clear pain and suffering is not compensable.