The appellant's 19-year-old son was fatally shot by a police officer while fleeing arrest.
The appellant brought a civil liability action against the officer and his employer, claiming compensatory and exemplary damages.
The Supreme Court of Canada held that solatium doloris (grief and distress) is a compensable head of moral prejudice in Quebec civil law, and referred the matter back to the Court of Appeal to assess the quantum.
However, the Court dismissed the claims for interference with parental rights and for the victim's loss of life expectancy, ruling that the right to life is extinguished upon death and cannot be transmitted to heirs.
The Court also denied exemplary damages, finding that the officer's negligent conduct did not amount to 'intentional interference' under the Quebec Charter.
