The Supreme Court of Canada has upheld a B.C. Court of Appeal ruling finding a Surrey RCMP officer partially negligent for a high-speed chase resulting in a car crash that killed an 11-year-old girl in 2000.
The high court has dismissed the appeal brought by Const. Sharan Badyal and the B.C. attorney general.
The family of 11-year-old Tina Burbank launched a civil suit after Tina died and four other family members were hurt when their car was rammed by a stolen vehicle fleeing from a police pursuit.
Badyal testified she launched the pursuit and quickly abandoned it, but not before the suspect vehicle ran a stop sign and hit the car carrying the Burbank family.
Lawyers for the RCMP and the attorney general argued that the evidence did not prove Badyal was negligent or that the chase itself caused the accident, but the courts found the chase should not have been launched under the circumstances.
The driver of the stolen car - who was 15 years old and high on methadone at the time - was later convicted of dangerous driving causing death.
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