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2011 Legislative Session: 3rd Session, 39th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

MR. RALPH SULTAN

BILL M 213 – 2011

FAMILY COMPENSATION ACT AMENDMENT ACT, 2011

This bill would permit the court to award damages, up to specified limits, for grief and loss of guidance, care and companionship to spouses of deceased persons, as well as parent or parents, and children.

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Section 3 of the Family Compensation Act, R.S.B.C. 1996, c. 126 is amended by the following subsections:

(10) If an action brought under this Act, the court, without reference to any other damages that may be awarded and without evidence of damage, shall award damages for grief and loss of the guidance, care and companionship of the deceased person of

(

a) subject to subsection (3), $75,000 to the spouse ofthe deceased person,

(b) $75,000 to the parent or parents of the deceased person to be divided equally if the action is brought for the benefit of both parents, and

(c) $45,000 to each child of the deceased person.

(11) The courts shall not award damages under subsection 10 (

a) to the spouse if the spouse was living separate and apart from the deceased person at the time of death.

Explanatory Note

This bill would permit the court to award damages, up to specified limits, for grief and loss of guidance, care and companionship to spouses of deceased persons, as well as parent or parents, and children.

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