Over a year before the criminal trial against Tim Bosma’s killers ended, the Hamilton man’s family launched a $14-million dollar civil lawsuit against Dellen Millard and Mark Smich.
The lawsuit, which has only become public knowledge now, was filed in May of 2015 in London, Ont. — more than a year before Millard and Smich were found guilty of first-degree murder in Bosma’s death.
32-year-old Bosma was killed in 2013 after taking Millard, 30, and Smich, 28, for a test drive in a pickup truck he was selling online. Bosma’s charred remains were later found on a farm owned by Millard in Ayr, Ont. The two won’t be eligible to apply for parole until 2038. Millard is appealing his conviction.
The statement of claim says Bosma’s family “continues to suffer from severe emotional and mental distress as a result of the brutal and callous act.”
Millard’s mother, Madeleine Burns, and his girlfriend, Christina Noudga, are also listed as defendants in the lawsuit.
Millard called for the lawsuit to be thrown out in a statement of defence last November, saying he was not to blame for Bosma’s death.
Toronto-based criminal lawyer Joseph Neuberger spoke to Hamilton’s AM900 about the civil case on Monday.
“You calculate what his income was, what it would have been for the rest of life, and what those earnings would have been at a certain interest rate, and you can calculate or quantify that type of money,” Neuberger said. “In addition to that, there’s the loss of this man being a father, being a husband, being a grandfather.”
We all had heard that Mr. Millard had come from a wealthy family — there had been some inheritance — so there might be some assets to attach to.”
The allegations in the civil suit have not been tested in court.
Both Millard and Smich are facing first-degree murder charges in the death of Toronto woman Laura Babcock, who disappeared back in 2012. Officials expect that trial to begin in 2017.
Millard is also facing a first-degree murder charge in the 2012 death of his father, Wayne.
With files from Rick Zamperin, AM900