Marco Muzzo, what does he get?
- Thread starter spaman
- Start date
A lawyer (Ari Goldkind?) said on CP24 that if Muzzo had offered compensation prior to his sentencing he might have gotten a lighter sentence. The Neville-Lakes shouldn't have to file a lawsuit. The Muzzos should have offered compensation on the day Muzzo pleaded guilty. Anyway, the lawsuit was filed in April and it is now 5 months later, what are the Muzzos waiting for (Christmas?).
Paying money seemed to have worked in the Louise Russo case.
"Judge approves $2M payment from accused to shooting victim - CBC.ca
www.cbc.ca/.../judge-approves-2m-payment-from-accused-to-shooting-vict...
Apr 12, 2006 - Shooting victim Louise Russo on the $2-million restitution: 'It meets my ... Russo were being allowed to trade money for lighter prison sentences."
Paying money seemed to have worked in the Louise Russo case.
"Judge approves $2M payment from accused to shooting victim - CBC.ca
www.cbc.ca/.../judge-approves-2m-payment-from-accused-to-shooting-vict...
Apr 12, 2006 - Shooting victim Louise Russo on the $2-million restitution: 'It meets my ... Russo were being allowed to trade money for lighter prison sentences."
Highly unlikely the Muzzo family, or anyone else, ever pays anywhere close to $22 million dollars in this matter. Not sure what the lawyer was trying to accomplish by claiming that amount of damages ... besides cheap publicity.
Usually, there is negotiations in these matters prior to a settlement. Why force the Neville-Lakes to file a lawsuit and why is it taking 5 months and counting.
I know Canada is not the U.S. but wasn't Hulk Hogan awarded something like $100 million because there was a video showing him doing the nasty (and Hulk is still very much alive).
Apparently, Louise Russo got $2 million.
The Statement of Claim was apparently filed in April. It is now being fed to media (was part of the public record the moment it was filed but someone would have had to go digging to find it). I expect the Neville family is frustrated Muzzo's and their insurers have not settled and this may well be part of a strategy to put pressure on them to do so. They certainly appear callous in forcing the Neville's to go to court.
Louise Russo would have had claim for loss of future wages and likely future health care costs.
I am not saying I agree with the state of the law in Canada but the fact is that the amount of damages awarded for the loss of a loved one is shockingly low. And given that Muzzo was prosecuted and convicted in a criminal court the chances of Muzzo being liable for punitive damages is also shockingly low.
Discussing damages awarded in US cases in the context of a Canadian case is a complete waste of time. They two systems are not in any way comparable.
You do know that colt is a lawyer, don't you?
And that you don't have a clue about the process.
As the claim for damages is so high, the plaintiff's lawyer would not likely bother to write a letter suggesting a settlement in the tens of millions of dollars.
So the Statement of Claim is drafted and filed. The statement of claim will attempt to justify the amount claimed. Then the defendant will respond with statement of defence. In this case, the defendants seem like they are not going to dispute the liability, but are likely negotiating behind the scenes as to a settlement. I suspect that the settlement talks have hit a standstill and the plaintiff's lawyer leaked the story to up the pressure on the Muzzo family and Marel to richen up their offer through publicity.
A bit out of your comprehension Frankie. ;-)
Totally agree with the above. The fact that the Muzzos are dragging this out raises questions about their sincerity and good faith. If this case goes to a jury, I don't think the jury will be sympathetic to the defendant(s).
I found this case where the jury awarded a sexual assaulted victim $3.2 million.
http://www.blumbergs.ca/articles/on...n-in-historic-sexual-assault-case-finding-sch
Assessment of damages (i.e., how much to award a victim as financial compensation for losses suffered) is a topic that occupies entire courses at law school.
It is patently ridiculous to say "I found a case where a jury awarded someone $3.2 million" and think it has any relevance to the present case.
In Canada, damages are broken down into individual categories - pain and suffering (general damages), economic loss, future care needs, etc.
In cases where someone's ability to earn an income has been dramatically affected, or where they are going to require intensive care for the rest of their life significant damages will be awarded.
Those factors do not apply to the present case (except for the grandmother and great grandmother whose injuries I have no knowledge of).
I also found a case, it is called To. vs. Toronto Board of Education. In that case the Court of Appeal for Ontario set the upper limit of damages a parent would be entitled to for the loss of care, guidance and companionship of a child at $100,000.00 (2001 dollars). Adjusted for inflation that is about $130,000.00. I actually didn't have to "find" it because any lawyer that has had even one case involving a fatality is well aware of it.
In this case, there were four deceased individuals. There were four survivors - the parents, the grandmother and the great grand mother. Assuming each of the survivors is entitled to $130,000.00 in damages for the loss of each deceased person then total damages are somewhere around $2,000,000.00 - not including what either of the survivors are entitled to for future healthcare costs. That still does not get you anywhere close to $22 million.
Maybe the Muzzo's pay more out of guilt. Who knows. Ultimately this will likely be settled and the amount paid will never be made public. The point is that the attitude of Canadian courts towards compensation for the loss of a loved one is somewhat repugnant and something that most Canadians have no idea about.
Agreed,
While the death of the children was a complete tragedy, I severely doubt that the payout on this issue will be anywhere near 22 million (or 25 million as the Globe and Mail is claiming.)
The only thing I can figure is that the lawyer knows that no matter what they ask for - 1 million, or 22 million, they will only end up with less. So might as well start high.
There was a case where a construction worker was killed working on the TTC subway extension a few years back. In short, the ground beneath a piece of heavy equipment was not strong enough to support the heavy equipment, it toppled and killed a young man.
The company in question was fined $400,000.00. (I don't konw if that money went to the young man's family, or if there was a lawsuit brought by the young man's family.) You could write a thesis on the case I'm sure.
I guess my point is that someone somewhere decided that this man's life was worth 400k. (Maybe he had a wife and 2 kids, and as wrong as this might be, he had responsibilities to those children. The Neville Lake children did not have the same responsibilities. Again, it's cold, but it's a fact.)
I am not familiar with the case you are speaking about but workplace deaths represent another perversion of Canadian law. In that case the $400,000 fine would certainly not go to the family, it was a fine, and just as any Highway Traffic Act fine (ie speeding ticket) it would be paid to the government. And, in most cases, if the deceased were an employee his family would be barred by law from suing the TTC and almost any other company or party involved - so long as they were employers. His family would be limited to receiving WSIB benefits.
https://news.ontario.ca/mol/en/2014...n-result-in-guilty-pleas-420000-in-fines.html
I used this as an example because it put the worth of the guy's life at 400 grand.
I am aware that in industrial accidents such as the above the court looks at whether or not the deceased had a family to look after, etc.
That was a wierd settlement, she was paid in cash from money made from criminal activities.
I don't know there Kirk, I think you may be hiding her real identity just to keep her for yourself
The Court did not put the worth of the worker's life at $400,000.00. The Court looked at the breach of Health and Safety laws and fined the company. If a person is convicted of careless driving that results in a death and pays a $5,000 fine - the Court is not putting the value of the deceased's life at $5,000.00. It is a set fine - out of a range established by the government, meant to punish the company for breaching law.
My point about WSIB benefits is that the Court does NOT look at whether the deceased had a family to look after, etc. For most workers killed in the course of their employment in Ontario their only financial benefit will be WSIB benefits - they will not be allowed to sue anyone for compensation.
Our private sector company has a very generous life insurance policy to cover employees who die on the job. Our company is not in a high risk industry so no one has actually been killed on the job. However, one of our employees died from a heart attack while travelling on company business and his family received the full life insurance proceeds.
Not sure how that relates in any way to my post about WSIB. That is great for employees of your company but is also extremely rare. Also extremely rare for company life insurance policies to only cover someone in the event of a work related death. Most life insurance policies that form part of a group benefits package cover someone regardless of the cause of death and increase the benefit in the event death is accidental.
