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The family of a woman who local police say was fatally injured by her partner in a murder-suicide is suing the alleged killer’s estate.
The parents and son of Tanya Wiebe, whose January death at a Sparta-area home was deemed a homicide by the Ontario Provincial Police, have launched a wrongful death lawsuit seeking $5 million in damages from the estate of Kyle Savage, who investigators say was also found dead of an apparent suicide in the Central Elgin home.
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An estate includes the bundle of assets and liabilities that belonged to a person at the time of their death, including any properties or savings.
The lawsuit contends that Wiebe’s death “has had a profound impact” on her parents and son, including ongoing emotional and psychological trauma. As a result of her death, Wiebe’s surviving kin have been forced to live without her guidance, support and companionship, the eight-page statement of claim alleges.
“The Plaintiffs, Anita Wiebe, Peter Wiebe and the minor, Chase Sewell, have suffered and will continue to suffer these losses for the rest of their lives,” the lawsuit alleges.
Wiebe’s parents are seeking a combined $1 million in general damages and another $1 million in damages under the Family Law Act, a provincial law that allows family members to sue for amounts stemming from their loved one’s death or serious injury, including lost income, travel expenses or out-of-pocket costs.
Wiebe’s 15-year-old son Chase Sewell, a child from a previous relationship, is seeking $1 million in general damages and $1 million in damages under the Family Law Act. Since he is a minor, Chase is being represented in the lawsuit by a litigation guardian, his grandfather.
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In addition to the claims by Wiebe’s parents and son, Wiebe’s estate is seeking $500,000 in general damages from Savage’s estate.
The Wiebe family and Wiebe’s estate are also seeking $500,000 in exemplary damages from Savage’s estate, a rare court award intended to punish defendants.
Statements of claim, like statements of defence filed in response, contain allegations not yet tested in court.
Savage’s estate has filed a notice of intent to defend against the Wiebe lawsuit with the Ontario Superior Court of Justice.
Two people were found dead inside a home on Roberts Line in Central Elgin, near Sparta, on Jan. 31. Property records revealed the home was owned by Savage. Months later, provincial police identified the two individuals as Wiebe and Savage.
Police said at the time that both had died of gunshot wounds and that Wiebe’s death is considered a homicide.
The OPP’s decision to publicly rule their death a murder-suicide is unique. Police departments, including London police, have declined to release the names of people killed in murder-suicides or describe incidents as such.
jbieman@postmedia.com
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