Gabriel Pollard,16, died after a transportation lift used by the Disabled Sailing Association of Victoria broke, dropping him to the ground and into the water. The provincial government has filed a civil claim for compensation of Pollard’s health costs. (GoFundMe)

Gabriel Pollard,16, died after a transportation lift used by the Disabled Sailing Association of Victoria broke, dropping him to the ground and into the water. The provincial government has filed a civil claim for compensation of Pollard’s health costs. (GoFundMe)

Province sues over sailing incident that killed teen with disabilities

Gabriel Pollard, 16, died from injuries after marine lift failed

The B.C. government is suing the federal government, two individuals and a number of other organizations to recover health costs incurred by the province following a 2018 accident that claimed the life of 16-year-old Gabriel Pollard.

Pollard, who was living with severe muscular dystrophy, died from injuries he sustained after falling from a marine lift near Victoria on June 21, 2018.

According to court documents, Pollard, who used a wheelchair, was being transferred to a sailboat when a “marine lift with a sling” failed. The teen dropped onto the sailboat below and ended up in the water, where he was “for some time” according to court documents.

RELATED: Investigation continues into death of teen Victoria sailor in dockside accident

At the time of the incident, Pollard was participating in sailing activities at an Esquimalt dock near Maplebank Road, operated by the Canadian Forces Sailing Association.

Court documents maintain the facilities had been loaned to the Disabled Sailing Association of British Columbia’s Victoria branch, the Victoria Integration Society (VIS) and Recreation Integration Victoria (RIV).

All three organizations are named as defendants in the province’s case, along with two unnamed employees – referred to only as John Doe 1 and John Doe 2 – as well as the Attorney General of Canada and the Department of National Defense.

The province is suing for compensation of Pollard’s health care costs which the documents say resulted from the “negligence of the defendants, singly or together.”

RELATED: Victoria mother whose son died in sailing accident goes to court

The province’s civil claim comes after Pollard’s mother, Carrie Pollard, filed for damages in October 2018. Her case claims the defendants failed to provide a “proper and safe” lift and sling for disabled sailings, and also lists failed inspections and maintenance, modifications, and a lack of protocols and training as the negligence and breach of duty causing her son’s death.

Court documents from Carrie Pollard’s notice of civil claim say she was there the day the marine lift failed and she saw her son “fall and strike the sailboat and then fall into the water and struggle in the water awaiting rescue.”

The documents say she was with her son in the ambulance on the way to the hospital and was present when he died as a result of his injuries later that day. Pollard said she developed post-traumatic stress disorder as a result of the shock of her son’s accident and death, is now severely distracted and experiences nightmares, depression and sleeplessness.

Pollard’s civil suit seeks damages for loss of past and future income, loss of earning capacity, loss of savings, loss of care and companionship, special damages and past and future care costs.

READ ALSO: Health authority denies wrongdoing in B.C. toddler’s death at daycare

In a documented response to Pollard’s civil claim, VIS and RIV deny having played any role in organizing the sailing activities taking place when Gabriel Pollard was injured. The two parties also maintain to have had no control over what took place on the premises and or in supervising the staff operating the lift and sling.

VIS and RIV also say they refer clients to community organizations such as the Disabled Sailing Association and were at no time in a contractual relationship with Gabriel or Carrie Pollard.

Both civil suits are yet to be argued in court.



nina.grossman@blackpress.ca

Follow us on Instagram
Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

A dose of COVID-19 vaccine is prepared at a vaccination clinic in Montreal’s Olympic Stadium on Tuesday, Feb. 23, 2021. THE CANADIAN PRESS/Paul Chiasson
39 new cases of COVID-19 in Interior Health region

The total number of cases in the region since the pandemic began is now at 7,334

The Skinny Genes Foundation is raising awareness and funds for a rare genetic disorder that claimed both his father and uncle.
NHL players, local businesses help Kootenay man raise funds and awareness for rare genetic disease

Signed NHL jerseys and local business donations up for auction in Skinny Genes Foundation fundraiser

The Columbia Basin Trust has announced grants for biodiversity initiatives. Photo: Submitted
Columbia Basin Trust announces ecosystem protection grants

Three projects are sharing a $1.35-million grant

Remi Drolet
Rossland skier competes at World Nordic ski championship

Remi Drolet was selected to Team Canada and will race at the 2021 FIS World Nordic Ski Championships

good lookin
West Kootenay pet shop owner petitions for end to pet mills

“Our companion animal laws are pretty lax right now, we need to bring more awareness to help SPCA”

Dr. Bonnie Henry leaves the podium after talking about the next steps in B.C.’s COVID-19 Immunization Plan during a press conference at Legislature in Victoria, B.C., on Friday, January 22, 2021. THE CANADIAN PRESS/Chad Hipolito
COVID: 589 new cases in B.C., and 7 new deaths

No new outbreaks being reported Feb. 26

Staff from the Marine Mammal Rescue Centre, passersby, RCMP and Nanaimo Fire Rescue carried a sick 300-kilogram steller sea lion up the steep bluff at Invermere Beach in north Nanaimo in an attempt to save the animal’s life Thursday. (Photo courtesy Marine Mammal Rescue Centre)
300-kilogram sea lion muscled up from B.C. beach in rescue attempt

Animal dies despite efforts of Nanaimo marine mammal rescue team, emergency personnel and bystanders

Gina Adams as she works on her latest piece titled ‘Undying Love’. (Submitted photo)
‘Toothless’ the kitty inspires B.C. wood carver to break out the chainsaw

Inspired by plight of a toothless cat, Gina Adams offers proceeds from her artwork to help animals

B.C. Finance Minister Selina Robinson presents bill to delay B.C.’s budget as late as April 30, and allow further spending before that, B.C. legislature, Dec. 8, 2020. (Hansard TV)
How big is B.C.’s COVID-19 deficit? We’ll find out April 20

More borrowing expected as pandemic enters second year

The first of 11 Dash 8 Q400 aircraft's have arrived in Abbotsford. Conair Group Inc. will soon transform them into firefighting airtankers. (Submitted)
Abbotsford’s Conair begins airtanker transformation

Aerial firefighting company creating Q400AT airtanker in advance of local forest fire season

Arrow Lakes Caribou Society said the new caribou pen near the Nakusp Hotsprings is close to completion. (Submitted)
Maternity caribou pen near Nakusp inches closer to fruition

While Nakusp recently approved the project’s lease, caribou captures are delayed due to COVID-19

The Canada Revenue Agency says there were 32 tax fraud convictions across the country between April 2019 and March 2020. (Pixabay)
Vancouver man sentenced to 29 months, fined $645K for tax evasion, forgery

Michael Sholz reportedly forged documents to support ineligible tax credits linked to homeownership

Then-Liberal leader Andrew Wilkinson looks on as MLA Shirley Bond answers questions during a press conference at Legislature in Victoria. (Chad Hipolito / THE CANADIAN PRESS)
B.C. Liberal party to choose next leader in February 2022

Candidates have until Nov. 30 to declare whether they are running

After nearly 10 months of investigations, Mounties have made an arrest in the tripping of an elderly woman in Burnaby this past April. (RCMP handout)
VIDEO: Mounties charge suspect for tripping elderly woman near Metrotown in April

32-year-old Hayun Song is accused of causing bodily harm to an 84-year-old using her walker

Most Read