The Vancouver police will face a civil action for the fatal shooting of 58-year-old homeless man Michael Vann Hubbard.

“We’re going to be bringing a wrongful-death lawsuit under the Family Compensation Act,” lawyer Paul Nigol told the Straight. “My instructions at this point are to go forward with a lawsuit against the Vancouver Police Department.”

Nigol, who is with the law firm Pivot Legal LLP, has been retained by the U.S.–based family of Vann Hubbard, who was shot in downtown Vancouver on March 20.

Upon the request of the VPD, the Abbotsford Police Department is investigating the incident. It’s up to Crown counsel, Nigol said, to determine whether criminal charges will be laid.

Nigol added that the family wants to see a public inquiry into Vann Hubbard’s death.

Two female police officers were responding to a report of a car break-in when they stopped Vann Hubbard in the 500 block of Homer Street. According to the police, the man pulled out a knife and was advancing toward the officers when he was shot.

However, a witness has challenged the police account. Adam Smolcic claims that Vann Hubbard was not moving toward the officers. He also said that he filmed the incident with his cellphone, but that the video was allegedly erased by a police officer after the shooting.

A Burnaby-based computer-forensics company wasn’t able to salvage the supposed video data. As the Straight went to press, Smolcic’s LG cellphone was being shipped to a California firm that specializes in data recovery.

David Eby, executive director of the B.C. Civil Liberties Association, said in a phone interview that there is still a chance the video can be retrieved.