What factors must the courts consider when assessing a claim for wrongful death?

British Columbia, Canada


The following excerpt is from Smusz v. Wolfe Chevrolet Ltd., 2010 BCSC 82 (CanLII):

There are a number of factors that courts must take into account when assessing this type of claim. Madam Justice Kirkpatrick, writing for the majority, in Stapley v. Hejslet, 2006 BCCA 34, 263 D.L.R. (4th) 19, outlines the factors to consider, at para. 46:

Other Questions


What factors must be considered by the courts in assessing a disability claim? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
What is the range of damages for wrongful death in a wrongful death action? (British Columbia, Canada)
What factors are considered by the courts in assessing the moral obligations of a testator to his adult children? (British Columbia, Canada)
What factors will a court consider when assessing damages for non-pecuniary losses? (British Columbia, Canada)
What factors will the court consider when considering retroactive variation of an interim child support order? (British Columbia, Canada)
What factors will the Court consider in deciding whether it would be unjust to find that a summary trial is appropriate to consider the issues before deciding whether to proceed with a conventional trial? (British Columbia, Canada)
How have courts in BC considered factors relevant to the consideration of the first factor in a plaintiff's refusal to accept an offer to settle? (British Columbia, Canada)
What factors must be considered by the court in assessing the credibility of a witness? (British Columbia, Canada)
What factors are considered by the courts in determining whether a plaintiff has been awarded a claim for unfair dismissal? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.