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

Peachland resident and cleanup volunteer Lloyd Stinson Sotas holds up a discarded TV riddled with bullet holes. (Aaron Hemens/Capital News)
PHOTOS: Peachland residents clean up community watershed

More than 70 people gave back to Mother Earth by assisting with the cleanup

Steven Brown is running for Penticton city council in the June by-election. (Contributed)
Penticton race director throws hat into city council ring

Steven Brown will run with a focus on small business

Penticton Vees celebrate a goal in their second win to start their season on Saturday night at the SOEC. (Brennan Phillips - Western News)
Penticton Vees head into final weekend tied for first in league

The Vees have two games to take the top spot

Coronavirus 3D illustration. (CDC photo)
Two Summerland businesses closed due to COVID-19

The businesses are listed on the Interior Health website

Memorials have been set up to honour those who died during the Second World War. (Pixabay.com)
COLUMN: It’s time to stop making comparisons to Hitler

The deadliest, most destructive war in human history should not become a metaphor

(The Canadian Press)
Trudeau won’t say whether Canada supports patent waiver for COVID-19 vaccines

‘Canada is at the table to help find a solution’

Edmonton Oilers’ Connor McDavid (97) celebrates his 100th point this season with Leon Draisaitl (29) against the Vancouver Canucks during second period NHL action in Edmonton on Saturday, May 8, 2021.THE CANADIAN PRESS/Jason Franson
Edmonton superstar McDavid hits 100-point mark as Oilers edge Canucks 4-3

NHL scoring leader needs just 53 games to reach century mark

City of Vernon Coun. Dalvir Nahal proposed two blocks of Main Street be closed to bolster recovery for downtown businesses amid the COVID-19 pandemic. (Caitlin Clow - Vernon Morning Star)
Vernon’s ‘support local’ Main Street closure would cost city $24K, staff say

Bylaw costs, loss of parking revenue and equipment logistics behind price tag

Five properties have been added to the Lake Country fire protection zone, after council moved to expand the local service area Tuesday, May 4, 2021. (Google Maps)
Lake Country expands fire protection zone, covering 5 exposed properties

The properties petitioned to join the local service area after being left out ‘for reasons unknown’

VSAR’s Air Rescue One unit assisted in a rescue in West Kelowna May 3, 2021. (VSAR screenshot)
VIDEO: VSAR’s Air Rescue One team assists in West Kelowna Rescue

The Vernon Search and Rescue helicopter team pulled off a successful rescue Monday

Officials are surveying the streets of Vernon to get a better sense of the issue of homelessness in the city, as part of the province’s point-in-time homeless count for 2021. (Brendan Shykora - Morning Star)
Province conducts homeless count in Vernon

It’s the first time Vernon has been included in the provincial homeless count

A map showing where the most number of cases were recorded from April 23 to 29. This map, revealing a breakdown of infections by neighborhood, was pulled from a data package leaked to the Vancouver Sun last week (and independently verified).
36 Abbotsford schools flagged for COVID-19 exposures in the last 2 weeks, shattering record

Clearbrook Elementary recorded an ‘exposure’ on all 11 school days

A proposed development would see two four-storey affordable housing complexes erected on Adair Street in Armstrong, next to the Nor-Val Arena. (Google Maps)
Local tenants to be prioritized for Armstrong affordable housing project

Staff have drafted an expression of interest to find a developer to move forward with on the project

Most Read