The Fatal Accidents Act

The Fatal Accidents Act establishes rules for claiming damages where a person is killed by the wrongful act, neglect or default of another. A spouse, parent, or child of the deceased must apply for damages to the Court of Queen's Bench within two years of the death.

The Act states who has the right to make a claim. A spouse includes a married or common-law spouse (including same sex spouses).

A parent includes:

• a father or mother;
• a grandfather or grandmother;
• a stepfather or stepmother;
• a person who adopted a child; and
• a person who acted as a parent to the deceased.

A child includes:

• a son or daughter;
• a grandson or granddaughter;
• a stepson or stepdaughter;
• an adopted child; and
• a person to whom the deceased acted as a parent.

The Court may award damages for the loss resulting from the death and expenses incurred, including:

• loss of earnings of the deceased;
• the medical or hospital expenses of the deceased;
• the funeral expenses of the deceased;
• the cost of grief counselling;
• loss of earnings if the spouse, parent or child is unable to work because of the death; and
• any other out-of-pocket expenses reasonably incurred as a result of the death.

With respect to death occurring on or after August 1, 2004, the Court may also award damages for grief and loss of guidance, care and companionship. These damages are not available to grandparents and grandchildren. The damages are set at:

• $60,000 for a spouse;
• $30,000 for each parent; and
• $30,000 for each child of the deceased.