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

Police and ambulance crews were at First Avenue and Murray Street on in 2017 after a cyclist was injured in a crash. Kevin Mills photo.
District of Mission seeks public input on transportation planning

Online survey launched where residents can pinpoint traffic-issue areas in the community

A heavy police presence was on scene on Dec. 28, 2017 following the shooting death on Bates Road in Abbotsford of Alexander Blanarou, 24, of Surrey. (Abbotsford News file photo)
Three men charged with Abbotsford shooting death of Surrey man

Alexander Blanarou, 24, was killed in a rural area on Dec. 28, 2017

Photo by Dale Klippenstein
Hit-and-run driver knocks pedestrian into ditch in Abbotsford

Woman was walking in area of Harris Road and Riverside Street on Monday

Tabor Home in Abbotsford. (Ben Lypka/Abbotsford News)
B.C.’s largest COVID-19 care-home outbreak records 19 deaths, 147 cases

Tabor Home in Abbotsford has been battling outbreak since Nov. 4

Abbotsford residents gather in the Clearbrook area on Monday to demonstrate against what they say is unfairt treatment by the Indian government to farmers in the Punjab region of that country. (Maan Sidhu photo)
Abbotsford residents gather to protest unfair treatment of India farmers

Locals believe new bills will devastate small farms, demand farmers be allowed to protest peacefully

A tongue-in-cheek message about wearing a face mask to curb the spread of COVID-19 on a sign outside a church near Royal Columbia Hospital, in New Westminster, B.C., on Sunday, Nov. 29, 2020. THE CANADIAN PRESS/Darryl Dyck
B.C.’s COVID-19 infection count climbs back up to 656

20 more people in hospital, active cases still rising

Mirandy Tracy, left, and Tara Kurtz are two Langley mothers who are organizing a "sick out" for Tuesday, Dec. 1 to protest COVID conditions in schools. They're calling for masks and smaller class sizes, among other things. (Matthew Claxton/Langley Advance Times)
Politician, labour leader throw support behind student Sick Out day

Langley parents started the movement to keep kids home on Dec. 1 as a protest

A family emerged with a purchase at the Tannenbaum Tree Farm at 5398 252 St in Aldergrove on Sunday, Nov. 29, 2020 (Dan Ferguson/Langley Advance Times)
Christmas tree season is off to an early start

People are ‘bored’ with staying home due to COVID-19 and want to decorate early, farm owner believes

THE CANADIAN PRESS/Nathan Denette
B.C. researchers launch study to test kids, young adults for COVID-19 antibodies

Kids and youth can often be asymptomatic carriers of the novel coronavirus

A convoy of seven pickup trucks, six of which were hauling boats, makes its way around the Chilliwack Law Courts on Dec. 1, 2020. (Jenna Hauck/ Chilliwack Progress)
First court date for Fraser River anglers ticketed during demonstration fishery

Convoy of trucks circled the courthouse in downtown Chilliwack Tuesday honking their support

A sign is seen this past summer outside the Yunesit’in Government office west of Williams Lake reminding visitors and members to stay safe amid the COVID-19 pandemic. (Rebecca Dyok photo)
B.C. First Nation leaders await privacy commissioner decision on COVID-19 information

Release of life-saving data cannot wait, says coalition of First Nations

MLA Jennifer Whiteside is B.C.’s new minister of education. She is speaking out against Chilliwack school trustee Barry Neufeld and asking him to resign. (Black Press)
New education minister calls on Chilliwack trustee to resign

Whiteside echoes former minister’s promise to look at options to remove Barry Neufeld

Most Read