Kaila Tran’s family wins right to proceed with ‘wrongful death’ suit against former boyfriend

The family of Kaila Tran can push ahead with a “wrongful death” lawsuit against her former boyfriend, Drake Moslenko.

Justice Vic Toews made the ruling Monday, which is the first of its kind in Manitoba.

Moslenko was charged with first-degree murder in her death. But the charge was stayed and the case never went to trial. Tran was killed on June 20, 2012.

WATCH: First-degree murder charges dropped against Drake Moslenko

Tran’s family has filed a “wrongful death” lawsuit against Moslenko, claiming he hired Treyvonne Willis to kill the 26-year-old.

On the morning of June 20, 2012 as she walked to her car on her way to work, Tran was suddenly attacked, stabbed 31 times in the head and neck. She died at the scene.

Moslenko was seen shirtless talking to police as the scene as officers investigated.

READ MORE: Treyvonne Willis sentenced to 25 years in first-degree murder of Kaila Tran

A jury convicted Willis of first-degree murder on April 24, 2015 by a jury. He is currently appealing that decision.

WATCH: Treyvonne Willis police interrogation and video of him allegedly riding bus to and from the murder

Tran’s family believes Moslenko orchestrated her murder and they’re attempting to sue him in a rare “wrongful death” application made in civil court. They are trying to recover over $200,000 in life insurance money plus an undisclosed amount for damages.

Her family said they have videotaped evidence of Willis admitting Moslenko hired him to kill Tran. That video was never played during his trial.

READ MORE: Kaila Tran’s family trying to sue former boyfriend, Drake Moslenko

Justice Toews ruled that Tran’s family had “enough material evidence” to  move forward with the lawsuit.