The daughters of a homeless man who was shot and killed by a Vancouver police officer say their father was a gentle, law-abiding man.

Michael van Hubbard was killed last week after he was approached by police in a case of mistaken identity. Now his family is planning to take the case to court.

Van Hubbard was a grandfather and an artist. He lived most of his 58 years in the United States before coming to Vancouver last year in pursuit of a better life.

"My father is not a thief, a bank robber or drug addict,'' said his daughter in a statement made through the B.C. Civil Liberties.

On Friday two officers approached Hubbard because he matched the description of a thief who'd been seen breaking into cars. But Hubbard was the wrong man. He pulled out an X-Acto knife, and an officer shot him.

One of his daughters has hired a lawyer to file a "wrongful death" lawsuit against the Vancouver police and City of Vancouver.

"As far as we're concerned, a man who is minding own business, wrong place wrong time was killed,'' said lawyer Paul Nigol.

As for that X-Acto knife, his family says he used that knife to make greeting cards for friends and family with his original artwork

And his daughter has other concerns.

She was only informed of autopsy results through the media, not by the Vancouver Police Department or Vancouver Police Chief Jim Chu.

She also wants to know why it took five days for the police to admit he wasn't the man they were looking for.

"It's puzzling, surprising, astonishing,'' Nigol said.

His family believes a lawsuit is the only hope for justice.

"He would be proud to be impetus for change,'' Nigol said.

As for possible cell phone video of the shooting that a witness claims was deleted by police at the scene, the phone is still in the hands of a data recovery company.

With a report by CTV British Columbia's Renu Bakshi