Myles Gray’s family could pursue civil lawsuit after inquest findings

While the coroner’s inquest into Myles Gray’s death can’t lay any criminal blame, his family may choose to follow a different path.

“With all the evidence the jury used for its findings, they may be handing the family, or possibly even the estate, a civil cause of action,” Kit Perrick, senior associate at Vancouver law firm Burns Fitzpatrick, told CityNews.

“In that regard, if there was to be a civil suit against the Vancouver Police Department (VPD) or the officers in question, the burden of proof is lower — it’s the civil burden of proof. I don’t know for sure, but I can’t see why there wouldn’t be civil exposure in this.”

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Perrick’s determinations come as the jury in the inquest into Gray’s death in 2015 determined it was a homicide Monday, and made a suite of recommendations toward the VPD.

Perrick says that now means Gray’s family could sue for damages.

“That doesn’t bring Mr. Gray back, but it certainly is a measure of remedy for some people,” he said, adding that damages could be in the six to seven-figure range.

“It would depend on how they frame the case. I would think the estate could bring a case against the police department and all associated government authorities and you would name the officers individually, and so on.”

Perrick sees a number of routes for the family to pursue damages.

“One thing that strikes me is that one of the reasons there were not criminal charges is because the Crown couldn’t get enough proper evidence. And that was very self-serving for the officers named, because they wouldn’t cooperate. Right there, I see grounds in a civil suit, where the burden of proof is lower.”

He also believes there would be lawyers eager to take any civil case for the Grays.

“It’s not about the dollar figure, it’s not about the civil remedy they may or may not get, it’s about the sense of validation. I would recommend they pursue it because it’s a way to compile all the evidence that has been gathered because of the commission. You could put it all in and possibly get a good judgement. That in itself is likely what surviving family members would be interested in.”

–With files from Kier Junos