14°c A few clouds
28°c Isolated showers
Winnipeg Free Press - PRINT EDITION
A life's worth?
Manitobans who suffer a death in the family as a result of an auto accident cannot sue for compensation under the province's no-fault insurance system. Nor can victims sue who lose a limb or suffer other catastrophic injury.
When this system was introduced in 1994, some lawyers complained it was a denial of justice, since victims could not have their individual cases determined in court. The problem with the old system, however, was that it was time-consuming and expensive, which was often a denial, or at least a delay, of justice itself. Plaintiffs could wait years for compensation, often for sums that weren't much greater than what the new system provides.
The no-fault system relies on financial tables and other data to determine benefits based on the age and income of the victim. It's fast, efficient, affordable and frequently reasonable.
As the case of Steve Cancilla and Kendall Wiebe illustrates, however, the system can result in judgments survivors believe are unfair.
Ms. Wiebe was working at a Portage Avenue hair salon when a car crashed into the business, then struck and killed her. The couple had one daughter together, and were raising two of his children from another marriage.
To Manitoba Public Insurance, her death was worth about $57,000, which seems light for a woman who others depended on for love and affection, and who still had years of earning potential. The children get roughly $30,000 each, and funeral costs are covered, for a total benefit of about $150,000.
Mr. Cancilla can test the fairness of the total benefit by appealing to the Automobile Injury Compensation Appeal Commission, where officials can take fuller account of the facts he believes haven't been considered.
Republished from the Winnipeg Free Press print edition June 8, 2012 A12
More Editorials
- Back to Top
- Return to Editorials
Poll
Most Popular Editorials
- The Quebec tribe
- Syria needs a push
- Digital records dilemma
- Pre-charter law cannot be upheld
- Prepare for next recession
- Firebugs a real threat
- Transit misses the bus
- Betrayal worth fighting
- A sinking feeling
- Transit justice
Ads by Google
You can comment on most stories on winnipegfreepress.com. You can also agree or disagree with other comments. All you need to do is be a Winnipeg Free Press print or e-edition subscriber to join the conversation and give your feedback.
You can comment on most stories on winnipegfreepress.com. You can also agree or disagree with other comments. All you need to do is be a Winnipeg Free Press print or e-edition subscriber to join the conversation and give your feedback.
Have Your Say
New to commenting? Check out our Frequently Asked Questions.
Have Your Say
Comments are open to Winnipeg Free Press print or e-edition subscribers only. why?
Login SubscribeHave Your Say
Comments are open to Winnipeg Free Press Subscribers only. why?
SubscribeThe Winnipeg Free Press does not necessarily endorse any of the views posted. By submitting your comment, you agree to our Terms and Conditions. These terms were revised effective April 16, 2010.