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Panchyshyn v. Hammond, 2020 ONSC 381

  • January 20, 2020

The plaintiffs were the parents and siblings of the deceased, 21 year old Nolan Pachyshyn. The deceased was killed (likely murdered) by the two defendants. The defendants were noted in default and the allegations against them were deemed admitted. The plaintiffs all sought the maximum FLA damages available under the case law set out in To and Fiddler. The deceased was struggling with drug addiction and the evidence was that the deceased largely required more care from the plaintiff parents, rather than vice versa. Insufficient evidence was led regarding the closeness of the family members to the deceased. Justice Coroza ultimately awarded $60,000 to the father, $40,000 to the mother, $7,500 to the youngest sister, and nothing to the two older siblings.

Full decision here

TGP Analysis

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  • FILED UNDER FLA Damages
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