Can a spouse, parent or child of a deceased victim sue the tortfeasor for damages sustained by the spouse, parents or children of the deceased victim?
British Columbia, Canada
The following excerpt is from Campbell v. Read, 1987 CanLII 2402 (BC CA):
Claims under this Act have been restricted to pecuniary loss and benefits sustained by the spouse, parent or child of the deceased victim, which they would have enjoyed had the person not died as a result of the conduct of the tortfeasor: see Ponyicki v. Sawayama, 1943 CanLII 22 (SCC), [1943] S.C.R. 197 at 206-207, [1943] 2 D.L.R. 545 [B.C.].
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