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ARTICLE · 03 JULY 2025

B.C. Courts Recognize Cultural Tradition As Basis For Economic Loss In Family Compensation Act Claim

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Last week, the B.C. Court of Appeal released a decision where it endorsed the recognition of non-western family cultural norms as a basis for awarding damages: Kim v. Murdoch, 2025 BCCA 211.

CanadaLitigation, Mediation & Arbitration
Shanna Gu
Shanna Gu
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Last week, the B.C. Court of Appeal released a decision where it endorsed the recognition of non-western family cultural norms as a basis for awarding damages: Kim v. Murdoch, 2025 BCCA 211. In this case, the Korean parents whose 17-year-old son died in a tragic accident received compensation for the loss of benefits associated with hyodo, a traditional Korean practice of filial piety in which children are expected to financially support their parents in old age. The parents brought a claim for damages under the Family Compensation Act (FCA), which enables surviving spouses, parents or children to seek compensation for economic losses arising from a wrongful death.

Trial decision (Kim v. Murdoch, 2023 BCSC 1647)

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