$2,000 fine and 5-year driving ban for crash that killed 2

Hong Xu, 65, who drove her SUV into a crowd of people celebrating a wedding at her neighbour’s house in West Vancouver on August 20, 2022, was convicted under the Motor Vehicle Act of driving without due care and attention.

An investigation found that Xu mistakenly pressed the accelerator instead of the brake. Two wedding guests – Annie Kong, 67, and Lieu Nguyen, 62 – were killed and seven others injured.

On Tuesday, a North Vancouver provincial court judge ordered Xu to pay a $2,000 fine and banned him from driving for five years.

While the victims’ families had expected a relatively light sentence, recommended by both the Crown and defence after Xu pleaded guilty to the Motor Vehicle Act charge on Monday, the reality of the driver getting away without criminal charges or jail time was still hard to swallow.

“It’s a scandal, it’s an absolute scandal,” said Annie Kong’s son Nigel.

“This is a minor traffic violation. We’re talking about two lives, several people seriously injured, several families’ hopes for the future shattered. How can this be worth so little?”

The bride’s family spoke to CTV News for the first time publicly outside of court.

“The defendant’s fine is incredibly unfair considering the damages, death, injuries and trauma caused by her accident,” said Susan Nguyen, niece of the second victim. Her sister was the bride whose wedding day was marred by tragedy.

“No one can help her grieve, help her get over this loss. And going through this court process is also reliving this tragedy,” Susan Nguyen said of her sister Nancy, who read a statement about the emotional impact of the loss in court Monday.

“She’s doing her best, the best she can, as all families can. But now we’re subject to the leniency of the courts.”

Nigel Kong believes Xu should have been criminally charged.

“She knew there was a wedding, she knew she was going to be behind the wheel,” he said. “It’s a privilege to drive, it’s not a right. And if you’re going to get in a vehicle, you have to be able to understand how to operate it, and in this case, she clearly didn’t know how to operate it.”

Xu’s lawyer, Ian Donaldson, said his client was filled with remorse and sadness over what happened at the wedding.

“I’m sure she’s relieved that the proceedings are over, but she’s still grieving over the consequences of her actions. She’s a genuine person who’s very sad about all of this,” Donaldson said.

But he believes the charge and sentence were correct.

“In Canada, we don’t jail people for unintentional mistakes. We don’t. Unless there’s a criminal element to the wrongdoing, and there was no criminal wrongdoing. The police agree, the Crown agrees, I agree, we all agree,” Donaldson said. “I’m sorry for their loss. It’s a terrible loss, but Ms. Xu’s imprisonment doesn’t help to alleviate that loss.”

Although the Nguyen family does not know what sentence would have been appropriate, they believe that what Xu was ultimately given was not justice.

“It’s not just inappropriate, it’s an insult,” Susan Nguyen said. “What happened that day wasn’t just broken fence posts or flowers. People died, people were maimed, children were injured, children were scarred, and that’s not acceptable.”

Because Xu was not criminally prosecuted, ICBC’s no-fault insurance model prevents victims’ families from pursuing civil claims. In the eyes of the law, the case is now closed.

“We have no recourse, no way to understand what really happened,” Nigel Kong said. “It’s so unfair. It’s so unfair.”