McVea v. B.(T.)

McVea v. B.(T.)

Court found on balance that deceased would very likely have completed Guild membership and had a better-than-average prospect of advancement in the film industry, but that significant contingencies (industry downturns, family demands, remarriage, retirement) required moderation of optimistic projections; accordingly the court awarded past support $50,000 and future support $250,000 less $19,000 (equivalent-to-spouse tax deduction PV) and $20,000 (post-retirement adjustment) resulting in net future support of $211,000; awarded past services $70,000 and future services $197,000 less 30% remarriage contingency resulting in $137,900; awarded $30,000 each for loss of care, guidance and...

Citation
2002 BCSC 1407
Parties
Plaintiffs: Aidan David McVea; Saige La-Tesia McVea (infants) by guardian ad litem Aidan McVea and Aidan McVea; Defendant: T.B.; Defendant (claim Discontinued): Donald Fred McLaughlin; Defendant: Attorney General of British Columbia; Third Party: Attorney General of British Columbia; Third Party: A.S.; Third Party: Christopher McBryan
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 October 2002
Procedural Posture
Family Compensation Act Wrongful Death / Reasons for Judgment (trial)
Outcome
Judgment for plaintiffs with awards for pecuniary losses and conventional damages; costs to plaintiffs.
Legal Topics
Loss of Support, Loss of Services, Conventional Damages for Loss of Parental Care Guidance and Affection, Loss of Inheritance, Contingencies (remarriage, Retirement, Market Risk), Tax Deduction (equivalent to Spouse), Assessment Methodology (expert Economic Evidence)
Source Language
English
Tort Wrongful Death Family Compensation Act Damages Assessment Vicarious Liability Loss of Support Loss of Services Conventional Damages for Loss of Parental Care Guidance and Affection +4 more

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Parties

Aidan David McVea; Saige La-Tesia McVea (infants) by guardian ad litem Aidan McVea and Aidan McVea

Plaintiffs

T.B.

Defendant

Donald Fred McLaughlin

Defendant (claim Discontinued)

Attorney General of British Columbia

Defendant

Attorney General of British Columbia

Third Party

A.S.

Third Party

Christopher McBryan

Third Party

Procedural Posture

Family Compensation Act Wrongful Death / Reasons for Judgment (trial)

Legal Issues

  1. 1 Whether deceased would have continued and progressed in film industry sufficient to support claimed future earnings
  2. 2 Proper assessment of past and future pecuniary loss of support to spouse and children
  3. 3 Appropriate valuation of lost household services given part-time/irregular film work

Ratio Decidendi

Court found on balance that deceased would very likely have completed Guild membership and had a better-than-average prospect of advancement in the film industry, but that significant contingencies (industry downturns, family demands, remarriage, retirement) required moderation of optimistic projections; accordingly the court awarded past support $50,000 and future support $250,000 less $19,000 (equivalent-to-spouse tax deduction PV) and $20,000 (post-retirement adjustment) resulting in net future support of $211,000; awarded past services $70,000 and future services $197,000 less 30% remarriage contingency resulting in $137,900; awarded $30,000 each for loss of care, guidance and...

Court Disposition

Judgment for plaintiffs with awards for pecuniary losses and conventional damages; costs to plaintiffs.

Orders

  • Past loss of support: $50,000 total (allocated 20% to each child and 60% to Aidan McVea).
  • Future loss of support: $250,000 gross less $19,000 (present value equivalent-to-spouse tax deduction) and $20,000 (post-retirement adjustment) resulting in net $211,000 (allocated 15% to each child and 70% to Aidan McVea).