Glenn v. Seair Seaplanes Ltd.

Glenn v. Seair Seaplanes Ltd.

The court is bound by Court of Appeal precedent which establishes that neither punitive nor aggravated damages are available under the Estate Administration Act and that punitive and aggravated damages cannot be awarded in actions under the Family Compensation Act; accordingly all questions on the availability or...

Source-derived case information.

Citation
2012 BCSC 1726
Parties
Plaintiffs: Barbara Anne Glenn et al.; Defendants: Seair Seaplanes Ltd.; Francois St. Pierre; Third Parties/other Defendants: Viking Air Ltd.; Victoria Air Maintenance Ltd.; Attorney General of Canada
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 November 2012
Procedural Posture
Civil Wrongful Death and Personal Injury / Pre Trial Points of Law Under Rule 9 4
Outcome
All eight questions of law answered in the negative; claims for punitive and aggravated damages are not available under the Estate Administration Act or the Family Compensation Act on the facts and law before the court.
Legal Topics
Punitive Damages, Aggravated Damages, Survival of Causes of Action, Estate Administration Act, Family Compensation Act, Binding Precedent
Source Language
english
Tort Wrongful Death Damages Civil Procedure Aviation Law Punitive Damages Aggravated Damages Survival of Causes of Action +3 more

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Parties

Barbara Anne Glenn et al.

Plaintiffs

Seair Seaplanes Ltd.; Francois St. Pierre

Defendants

Viking Air Ltd.; Victoria Air Maintenance Ltd.; Attorney General of Canada

Third Parties/other Defendants

Procedural Posture

Civil Wrongful Death and Personal Injury / Pre Trial Points of Law Under Rule 9 4

Legal Issues

  1. 1 Do claims for punitive damages arising from injury survive the death of the injured person under the EAA?
  2. 2 Do claims for aggravated damages arising from injury survive the death of the injured person under the EAA?
  3. 3 Do claims for punitive damages arising from death survive under the EAA?

Ratio Decidendi

The court is bound by Court of Appeal precedent which establishes that neither punitive nor aggravated damages are available under the Estate Administration Act and that punitive and aggravated damages cannot be awarded in actions under the Family Compensation Act; accordingly all questions on the availability or survival of such damages under the EAA and FCA are answered in the negative.

Court Disposition

All eight questions of law answered in the negative; claims for punitive and aggravated damages are not available under the Estate Administration Act or the Family Compensation Act on the facts and law before the court.

Orders

  • The eight questions of law raised are answered in the negative.