Family of woman killed in West Vancouver wedding crash upset driver not facing criminal charges

Sixty-seven-year-old Annie Kong was a devoted grandmother who started every day with a video chat with her daughter and two young granddaughters.

“We would spend hours, she would just chit-chat to the girls, whether they responded or not,” said Kong’s daughter Joanna Moy.

But on August 20, 2022, her mother cut their conversation short.

“She was so excited to get ready for this wedding," Moy said. "So, her last words to me were: 'I love you, I’ve got to go paint my nails.'”

Annie was with her husband Liong at that wedding at a West Vancouver home when an SUV driven by a neighbour crashed through an ornamental gate made of stones and wrought iron.

“One of the large stones from its column hit my wife. She was launched 12 feet to the ground. I rushed forward to hold her, and she died in my arms,” said Liong Kong. “I was covered in my wife’s blood from my neck to my shoes.”

When first responders arrived, they told Liong there was nothing they could do.

“I begged one of the responders to try a second time, but he said, 'I’m very sorry,' and had to rush to attend to the others. Someone was kind enough later to pull a white linen tablecloth off one of the tables to cover the body,” he recalled. “I was numb, unable to process. I think I was in deep shock.”

Another wedding guest was also killed in the accident. Family members were asked to wait inside the home where the celebration was held while the crash was investigated.

“I sat on a chair sitting next to the husband of the second victim. And he was delirious and he was coming in an out of consciousness,” said Liong.

Later, he was allowed back outside to say goodbye to his beloved Annie.

“My wife’s body was in a body bag on the stretcher," he said. "They unzipped just her face, and I saw her face. It was totally bruised. I gave her a hug and I cried and screamed and after that, they took her away.”

The couple’s son Nigel, who lives in Denmark, got a panicked phone call in the middle of the night.

“Picked up the phone call, it was my sister, and she was screaming, 'She’s dead, she’s dead, she’s dead,'” said Nigel, who had a difficult time processing how his mother could have been killed at a wedding.

“She was hoping to see all the grandkids together back home in West Van. She never got to see that dream come to life, because by the time we did come together from overseas to be there as one communal unit, (it) was to be there for my mom’s funeral,” Nigel said.

An investigation determined the neighbour driving the SUV, Hong Xu, hit the gas instead of the brake. She’s represented by lawyer Ian Donaldson.

“Mere inadvertence, or a brief negligence, is not a criminal act in Canada. It’s just not, and there was no evidence to suggest that this was a criminal act, and that’s why it was charged the way it was,” said Donaldson.

At North Vancouver court on Monday, Xu will plead guilty to one count of driving without due care and attention under the motor vehicle act.

“Ms. Xu is profoundly remorseful,” said Donaldson. “She is a responsible human without a history of any car accidents, who was responsible for very terrible consequences. So she accepts that and feels that, and has a lot of guilt and shame about that.”

Her maximum sentence will be a driving prohibition and a $2,000 fine.

“Is that fair? You divide $2,000 by two people, and my mother's cost of life was worth less than, I'd say, a laptop,” said Moy.

She’s flying in from Chicago, and her brother is flying in from Denmark to deliver victim impact statements at Monday’s court hearing.

“Everyone needs to hear our pain, our loss, our grief,” said Moy.

“Nothing’s going to bring mom back, we know that," said Nigel. "And we know these charges are absolutely senseless in comparison to how grave the outcome has been. What I’m hoping for is that we are able to share our story, so others can hear how devastating it can be should they go through the same.”

Because there will not be a criminal conviction, the Kong family also can’t sue Xu under ICBC’s no fault insurance model.

“If our story can do anything to raise the awareness of how this law needs to change and how it can be so hard for anyone to come to terms with this, then we have done our job. We have done what we could for mom to tell our story, so others can be helped,” said Nigel.

They believe the system ultimately put very little value on the life of a woman loved by so many.

“She was my mom, my best friend, my confidante,” said Moy, through tears.

Annie’s husband Liong spends his days tending to his wife’s garden and fish.

“My outlook instead of being in colour, is now in grey, in grey and black,” he said. “I’m unable to reconcile how she left.”