NANAIMO — Citing Korean tradition of supporting parents for sacrifices they made, a BC Supreme Court justice awarded $327,000 for hypothetical future awards from a deceased Nanaimo teen.
Eric Shimm was a 17-year-old Dover Bay Secondary School student using a Hammond Bay Rd. crosswalk when he was hit and killed by an inattentive driver at Ventura Pl. in March 2019.
Shimm’s parents asked the high court to provide between $1.1 million to $1.6 million from the driver and his insurer, arguing the integral role their only son played in their lives.
In traditional Korean practice, hyodo compels children to provide economic and other supports to their parents.
Justice’s David Crerar’s Tuesday, Sept. 19 judgment in Vancouver and published online this week, outlined the essential services Shimm provided at his parents’ sushi restaurant where he worked without pay after school and on weekends.
Shimm assisted his parents in all aspects of adjusting to life in Canada, including providing translation services.
“..his assistance included legal communications, computer work, establishing online delivery and point-of-sale systems, dealing with health inspections, connecting with suppliers, communicating with non-Korean speaking staff about scheduling, registering the business on Google, translating customer reviews, and creating menu items,” justice Crerar wrote.
Shimm’s parents argued their son would have eventually taken over both of their Nanaimo restaurants and made generous financial contributions to them.
The judge acknowledged the difficult task of forecasting Shimm’s future earnings and what he’d hypothetically provide to his parents.
Justice Crerar noted Shimm’s future circumstances could limit how much money he’d be able to provide.
“As a member of a younger generation immersed in western culture, his sense of hyodo obligation, particularly in economic form, might be diluted.”
The Shimm family moved to Nanaimo from South Korea in 2012.
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