List of summaries, consolidations and regulations
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 child includes:
The Court may award damages for the loss resulting from the death and expenses incurred, including:
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: