Hopefully this will drive some precedent and incentivize change from AI companies. However under BC law the family likely wont see any compensation.
https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96126_01
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this post was submitted on 10 Mar 2026
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Am I reading it wrong? It seems the whole point of the Family Compensation Act is to allow families to seek compensation if a family member has died. Though in this case, the family that is suing still has their daughter alive in hospital. Anyway, I don't think a lawyer would have taken the case on if it would have been rejected.
If anything, I suspect OpenAI will be able to get away with a sizable private settlement, given their enormous funding, and the detailed chat logs will never be public.
Did you read both links? If so than yes. It might be different in ON's law but I didn't bother to read those sources as they aren't relevant.
In Canada you cannot sue for general damages (pain, suffering, humiliation, and loss of enjoyment of life, loss of companionship).
There's nothing in the Family Act (that I read in full) that makes any exception.
The other link is a blog post from a Law firm; which is generally a reliable resource.
edit: The main purpose of the Family Compensation Act is to allow family members to initiate legal action. Loss of income of a breadwinner, children the loss of parental income.
My interpretation of the FCA is that if a family member dies, you are able to sue for damages. It does not say anything about pain, suffering or loss of companionship.
The second link is about corporate benefits claims in the event of a relative's death, not about damages.
The family suing still has their daughter alive in hospital. So neither applies anyway.
The second link is about corporate benefits claims in the event of a relative's death, not about damage
They're both governed by the same Act so it is relevant.
Its right there in the 2nd paragraph.
BC law allows you to claim for benefits after losing someone in an accident, but only certain types of losses and damages are covered. Wrongful death claims usually include funeral costs, medical expenses, compensation for loss of financial support from your loved one, and compensation for loss of your loved one’s contribution to household services and/or childcare. Children of the deceased person can also claim compensation for the loss of care, education, training, and guidance from their parent. It may also be possible to claim for loss of inheritance.
3rd paragraph says:
In BC, claims are limited to “pecuniary” benefits—that is, losses that can be measured in money like income loss and the expenses discussed above.
Here is the full text of the suit:
https://www.courthousenews.com/wp-content/uploads/2026/03/tumbler-ridge-openAI.pdf
They are suing under 4 acts:
- The Negligence Act, RSBC 1996, c. 333
- The Court Order Interest Act, RSBC 1996, c. 79
- Court Jurisdiction and Proceedings Transfer Act, RSBC 2003, c. 28
- Health Care Costs Recovery Act. SBC 2008, c. 27
They're not suing under those acts.
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Negligence act is about dividing liability among multiple parties at fault.
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Interest Act is about how interest is applied to judgements
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Transfer Act is procedural, which court and inter provincial stuff
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Health Care Costs Recovery Act Lets the government recover costs of public health care from defendants who cause injury.
None of those have anything to do with what kind of damages can be sued for.