ICBC is apologizing and says it will retract a claim it made in a legal filing that suggested West Shore RCMP Const. Sarah Beckett’s “negligence” led to the drunk driving crash that killed her.
Kenneth Fenton was sentenced to four years behind bars for ramming his truck into Beckett’s police cruiser in Langford, B.C., in April 2016. His blood-alcohol level was three times the legal limit when he ran a red light while fleeing police.
Beckett, an 11-year veteran of the force, left behind a husband and two young boys.
In March 2018, the Attorney General of Canada filed a civil claim against Fenton, seeking damages and expenses for the destruction of Beckett’s RCMP cruiser in the crash. The suit pointed to Fenton’s impairment and “reckless and dangerous” driving as reasons for him to be held responsible.
But in a third party response filed in May of that year, ICBC denied the claims and listed 14 supposed failures on Beckett’s part that “solely” contributed to the crash.
“The deceased, Const. Sarah Beckett, had a duty of care to the defendant, Kenneth Fenton, and to others using the highway,” the document reads.
ICBC added the collision was a “breach of that duty” on Beckett’s part, and argued the federal government “did not suffer any damage and loss as a consequence of this incident.”
In a statement Friday, a spokesperson for ICBC apologized for the language used in the legal filing.
“Clearly, the decision to suggest Const. Beckett was liable for this collision in the initial legal documents was a mistake and we are taking immediate steps to fix this error,” the insurer said.
“We will be instructing our counsel to amend that defence to admit the defendant is fully liable for this accident.”
While it wasn’t named as a defendant in the initial lawsuit, ICBC is mentioned as the insurer of the Dodge Ram truck Fenton was driving at the time of the crash.
Fenton has not yet filed a response to the civil claim.
He was granted day parole for six months in August in a closed-door meeting after Fenton waived his right to a hearing.
Fenton is also serving an additional 18-month prison sentence for an impaired crash that injured his girlfriend just weeks after the crash that killed Beckett.
In a statement, West Shore RCMP Officer in Charge Insp. Todd Preston said the detachment is aware of the civil suit and ICBC’s response.
“On our end we remain deeply affected by the loss of our friend and respected colleague, Sarah,” Preston said.
“The timing of this story coming out so close to Christmas leaves myself and the membership of West Shore RCMP saddened.”
In a statement Saturday, ICBC president and CEO Nicolas Jimenez said he has apologized personally to the West Shore RCMP and promised ICBC will be reviewing and improving oversight of its approach to litigating cases in court.
“I acknowledge that none of this can undo our mistake and the pain it has caused, but I hope my unreserved apology provides at least a small measure of consolation to Const. Beckett’s family and to your community,” Jimenez said.
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