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Wednesday, February 10, 2016
Saskatchewan Justice

The Survival of Actions Act provides that the right to bring a civil action for damages, and a civil action begun by or against a person before that person's death, is maintainable by an executor or administrator of the person's estate in the same manner as if the deceased were living.

The Act also provides that if a future cause of action would have existed against a person had he or she not died, the cause of action is deemed to have existed against the person before his or her death.

Those damages resulting in actual monetary loss to the deceased before his or her death or to the deceased's estate are recoverable. Funeral and burial expenses may also be claimed.

However, the legislation excludes certain damages. Aggravated damages or damages for loss of expectation of life, loss of expectancy of earnings, pain and suffering, physical disfigurement, and loss of amenities are excluded.

The Act also limits punitive or exemplary damages. Punitive damages are damages, which by their amount, serve as a deterrent or punishment. Exemplary damages serve as a warning.

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