RSNL1990 CHAPTER F-6 - FATAL ACCIDENTS ACT

Short title

1. This Act may be cited as the Fatal Accidents Act.

RSN1970 c126 s1

Definitions

2. In this Act

(a) "child" includes a son, daughter, grandson, grand-daughter, step-son, step-daughter, an adopted child and a person to whom the deceased stood in the place of a parent;

(b) "parent" includes a father, mother, grandfather, grandmother, step-father, step-mother, an adoptive parent and a person who stood in the place of a parent to the deceased; and

(i) for a period of at least 2 years, or

(ii) for a period of at least one year, where they are, together, the biological or adoptive parents of a child.

RSN1970 c126 s8; 1971 No9 s2; 1971 No14 s2; 1988 c61 s86; 2008 c8 s1

An action maintainable

3. (1) Where the death of a person is caused by a wrongful act, neglect or default and the act, neglect or default would have entitled the party injured to maintain an action and recover damages, then the person who would have been liable if death had not ensued is liable to an action for damages, notwithstanding the death of the person injured.

(2) A criminal charge in relation to the death of a person referred to in subsection (1) does not bar an action for damages under subsection (1).

RSN1970 c126 s2

By whom action brought

4. An action under this Act is for the benefit of the spouse, partner, parent and child of the person whose death is caused, and is brought by and in the name of the executor or administrator of the person deceased.

2009 c31 s8

Where no action brought

5. Where, in a case under section 3, there is no executor or administrator of the person deceased, or, where there is an executor or administrator and no action is brought within 6 calendar months after the death of the deceased in the name of his or her executor or administrator, then the action may be brought by and in the name of the persons for whose benefit the action would have been brought if it had been brought by and in the name of the executor or administrator, and every action so brought shall be for the benefit of the same person, and is subject to the same regulations and procedure as if it were brought in the name of the executor or administrator.

RSN1970 c126 s4

Damages

6. (1) In an action brought under this Act the court may award the damages it considers proportional to the injury resulting from the death to the parties for whose benefit the action was brought, and the amount so recovered shall be divided among those parties in the shares that the court directs.

(2) The damages awarded under subsection (1) may include an amount to compensate for the loss of care, guidance and companionship that a person for whose benefit the action is brought might reasonably have expected to receive from the deceased if the death had not occurred.

(3) Where the defendant is advised to pay money into court, the defendant may pay in compensation a lump sum to all persons entitled under this Act for his or her wrongful act, neglect or default, without specifying the shares into which it is to be divided by the court.

(4) Where the sum is not accepted and an issue is taken by the plaintiff as to its sufficiency, and the court considers it sufficient, the defendant shall be entitled to a judgment on that issue.

(5) One action only may be taken for and in respect of the same subject matter of a complaint.

2010 c13 s1

Consideration

7. In assessing damages in an action brought under this Act, there shall not be taken into account

(a) a sum paid or payable on the death of the deceased under a contract of insurance; or

(b) a premium that would have been payable in future under a contract of insurance if the deceased had survived.

RSN1970 c126 s6

Particulars of claim

8. (1) In an action brought in the name of the executor or administrator of the deceased, the plaintiff on the record is required, together with the declaration, to deliver to the defendant or the defendant's attorney a full particular of the person for whom and on whose behalf the action is brought.

(2) In all actions brought under this Act the plaintiff on the record is required, together with the declaration, to deliver to the defendant or his or her attorney a full particular of the nature of the claim in respect of which damages are sought to be recovered.

RSN1970 c126 s7

Funeral expenses

9. Where an action is brought under this Act, there may, whether or not other money is awarded as damages, be awarded as damages an amount sufficient to cover the reasonable expenses of the funeral and disposal of the body of the person deceased where those expenses were incurred by the persons for whose benefit or by whom the action is brought.

1971 No9 s3; 1971 No14 s2; 1988 c25 s1

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