05/01/2014 12:27 EDT | Updated 07/01/2014 05:59 EDT

Saskatchewan government says widow will get compensation after car crash

REGINA - A woman whose husband was killed in a car crash will get compensation from Saskatchewan Government Insurance after all.

Donna Harpauer, minister responsible for SGI, says the insurer has decided to make an exception and pay Rosmarie Boxall of Regina.

"Having a day to review the act, the circumstances of the Boxall tragedy and in the spirit of the legislation ... we're going to make an ex gratia payment because the circumstances in this case are very, very rare and unusual," Harpauer said Thursday.

"Although she fell through the cracks and we do have legislation under review, I think we should make a payment to this family."

Rosmarie Boxall's husband, John, died in February 2013 when his vehicle was hit by a stolen pickup truck speeding through an intersection.

Jordan Thomas Lee McNabb pleaded guilty to four charges, including criminal negligence causing death. McNabb was sentenced to 10 years in jail, although he got one year of credit for time already served.

A charge of impaired driving causing death was stayed, although court heard McNabb was drunk when he hit Boxall's vehicle.

Rosmarie Boxall was initially told by SGI that she wouldn't receive any money because the drunk-driving charge against McNabb was stayed.

Boxall said Tuesday that she believed she was entitled to $60,000 under the Fatal Accidents Act and each of her three stepdaughters should get $30,000. She has been trying to get compensation since the crash.

Harpauer said she called Boxall to let her know about the change.

"She was very gracious, very gracious. And we agree that this doesn't make her circumstance less tragic, but I could do, what I could do."

The minister also said the legislation will be reviewed to see if the injury coverage is fair.

"Are there some changes that we can make to the legislation that, if there is a greater charge that is laid — a more serious charge that is laid and then the drinking-and-driving charge not laid — can we take that into account within the legislation?"