Lawyers for convicted killer drunk driver Marco Muzzo are arguing that the family of the three children and grandfather who died at Muzzo’s hands should not be entitled to more than a third of the damages they are seeking in a $25-million lawsuit.

In a statement of defence for the deadly 2015 car crash in Vaughan, Muzzo and his family’s drywall business, which is also being sued, admit liability for the collision but say they want a trial for an assessment of the damages.

They argue that the family of the victims should not be eligible to receive all of the damages they are seeking because Muzzo has already been punished by being imprisoned.

“The plaintiffs’ damages, if any, should be reduced by the amount of any collateral benefits they received or are entitled to,” says the brief statement of defence, filed in Superior Court.

“The plaintiffs are not entitled at law to recover punitive or exemplary damages in view of Muzzo’s criminal conviction and lengthy incarceration in a penitentiary arising from his conduct leading to the subject accident.”

Their argument would target at least $10 million being claimed by the plaintiffs.

Muzzo, whose family is worth nearly $1.8 billion according to Canadian Business magazine, pleaded guilty last year to several counts of impaired driving causing death and bodily harm and was sentenced to 10 years in prison.

Daniel Neville-Lake, 9, Harrison, 5, and Milagros, 2, along with their 65-year-old grandfather Gary Neville, were killed in September 2015 when a drunken Muzzo blew through a stop sign and crashed his Jeep Cherokee into the minivan being driven by the children’s grandmother, Neriza Neville.

She was seriously injured along with her mother, Josefina Frias.

Muzzo had been returning home after landing in a private jet from his bachelor party in Miami, court heard after he pleaded guilty.

A toxicologist found that Muzzo would have had between 190 and 245 milligrams of alcohol per 100 millilitres of blood at the time of the collision, nearly three times the legal limit.

He is being sued by the children’s parents, Edward Lake and Jennifer Neville-Lake, as well as by Jennifer’s mother Neriza Neville, brother Jonathan and sister Josephine.

None of the allegations in the plaintiffs’ statement of claim have been proven in court. They are requesting that the civil trial be heard by judge and jury. Their new lawyer, Wendy Sokoloff, declined to comment for this article. Muzzo’s civil lawyer did not return a request for comment for this article.

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Muzzo’s family company Marel Contractors is also being sued. The plaintiffs allege that the company owned Muzzo’s vehicle.

They also alleged in their statement of claim last year that Marel was negligent by failing to ensure the vehicle was fit to be driven on public roadways, including making sure that the brakes were in proper working order. The defendants denied the negligence allegations in their statement of defence.

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