No Punitive Damages for Wrongful Death

Monday, January 05, 2009

The Supreme Court of British Columbia ruled that punitive or aggravated damages are not allowed in a wrongful death action brought under the Marine Liability Act.  In the instant case, the families of the two individuals who are presumed to have died in the 2006 sinking of the ferry Queen of the North brought an action against the vessel in rem and against the owners in personam.  The court held that the Marine Liability Act was intended to be compensatory in nature and made no provision for award of punitive or aggravated damages.  McDonald v. Queen of the North, 2008 BCSC 1777 (December 24, 2008).

(Source: Holland & Knight)

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