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FORTIER, Darren 12-1998; Victoria, BC
Topic Started: Jun 25 2008, 07:10 AM (440 Views)
monkalup
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The Old Heifer! An oxymoron, of course.
[ *  *  * ]
ICBC wants brain-injured crash victim declared dead
Darren Fortier has been missing for eight years

Keith Fraser and David Carrigg, The Province
Published: Thursday, October 05, 2006

ICBC is battling a Vancouver Island mom over the estate of her missing brain-injured son, who the insurer says is dead.

"This has been going on for 12 years," said Pamela Fortier of Victoria. "It's been an absolute nightmare."

Darren Fortier was a passenger in a car that suddenly crossed the centre line on a Vancouver Island road and collided head-on with a truck in August 1995.

The driver was killed and Fortier, 18, suffered a severe brain injury.

Pamela Fortier said her son lived with her after leaving hospital and was then transferred to a Vancouver group-care home.

"ICBC put him there and there were drugs and other things and it was completely inappropriate," she said.

Fortier took Darren back home to Port Hardy to care for him.

"I sold everything I owned to take care of Darren. Only a mother has the patience to deal with a brain-injured child. To really understand them."

Fortier said her son was later sent to a facility in Courtenay, and again she took him home.

Fortier said ICBC subsequently treated her as if she was trying to take advantage of her son to get money.

In December 1998, Darren told his mom he was going to visit some friends in Parksville and has not been seen since.

Fortier claims that a month before Darren disappeared ICBC agreed to pay him a
$1-million settlement for underinsured motorist protection.

Darren had already received some advance payments from the settlement for rehabilitation and medical treatments, she said.

But ICBC says Darren vanished before a claims examiner could see him and finalize the settlement.

In B.C. Supreme Court yesterday, lawyer Robert Easton, acting on ICBC's instructions, lodged a petition requesting Darren be declared dead so the matter can be closed.

Easton confirmed there is an issue over whether the settlement agreement was reached before Fortier disappeared.

"ICBC's position is that there was no deal," Easton said.

"We want to get a declaration that this kid is dead and at that point we will deal with the person who is the representative of his estate. Right now we're in limbo and we can't deal with anybody."

Some damages, like pain and suffering and cost of future care, can't be recovered after a person dies. But others, such as expenditures during a person's lifetime caused by the accident and loss of income, are recoverable, he said.

"It's those last things that we would be willing to take into account and discharge."

In an affidavit filed with the petition, ICBC claims examiner Grant Hill says he first became aware that the RCMP were investigating Darren's disappearance in June 1999.

In the document, he says he concluded after speaking to RCMP again on Jan. 15, 2002, that Darren was no longer alive.

An RCMP affidavit says the missing person's file remains open and it's not known whether Darren is dead or alive.

Fortier said she is unsure whether her son is dead.

kfraser@png.canwest.com

dcarrigg@png.canwest.com

http://www.canada.com/theprovince/story.ht...e242f11&k=98568
Lauran

"If you have a chance to accomplish something that will make things better for people coming behind you, and you don't do that, you are wasting your time on this earth." The late, great Roberto Clemente.


In accordance with Title 17 U.S.C. Section 107, any copyrighted work in this message is distributed under fair use without profit or payment for non-profit research and educational purposes only.
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monkalup
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The Old Heifer! An oxymoron, of course.
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am searching for my missing son Darren Fortier. He is 5ft.7in.tall.dark brown hair,brown eyes,scar on rt.side of face,limp from car accident. humorous and gentle nature pls help me find my missing son and bring him home. his Mother and brother miss him desparately. thankyou for any help

Erica Fortier - Victoria BC
Monday, August 05, 2002 at 19:56 (EDT)

http://www.chamorro.com/postings/022103_0208.missing3.html
Lauran

"If you have a chance to accomplish something that will make things better for people coming behind you, and you don't do that, you are wasting your time on this earth." The late, great Roberto Clemente.


In accordance with Title 17 U.S.C. Section 107, any copyrighted work in this message is distributed under fair use without profit or payment for non-profit research and educational purposes only.
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monkalup
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The Old Heifer! An oxymoron, of course.
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http://z13.invisionfree.com/PorchlightCana...opic=1409&st=0&

I wonder why this poor man is not listed on any other sites? How sad for his family.
Lauran

"If you have a chance to accomplish something that will make things better for people coming behind you, and you don't do that, you are wasting your time on this earth." The late, great Roberto Clemente.


In accordance with Title 17 U.S.C. Section 107, any copyrighted work in this message is distributed under fair use without profit or payment for non-profit research and educational purposes only.
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