Fatal Injuries Act

Short title

1 This Act may be cited as the Fatal Injuries Act. R.S., c. 163, s. 1.

Interpretation

2 In this Act,

(a) "child" includes son, daughter, grandson, granddaughter, stepson and stepdaughter;

(aa) "common-law partner" of an individual means another individual who has cohabited with the individual in a conjugal relationship for a period of at least one year immediately preceding the death of the individual;

(b) "jury", in the case of an action being tried by a judge without a jury, includes judge;

(c) "parent" includes father, mother, grandfather, grandmother, stepfather and stepmother;

(ca) "spouse" means either of a man or woman who are married to each other;

(d) "verdict", in the case of an action being tried by a judge without a jury, includes judgment. R.S., c. 163, s. 2; 2000, c. 29, s. 9.

Liability

3 Where the death of a person has been caused by such wrongful act, neglect or default of another as would, if death had not ensued, have entitled the person injured to maintain an action and recover damages in respect thereto, in such case, the person who would have been liable if death had not ensued shall be liable to an action of damages, notwithstanding the death of the person injured, and although the death has been caused under such circumstances as amount in law to a crime. R.S., c. 163, s. 3.

Representative of deceased

4 (1) Such action shall be brought by, and in the name of, the executor or administrator of the person deceased.

(2) If there is no executor or administrator, or if there is an executor or administrator and no action has been brought under this Act within six months after the death of such person by and in the name of such executor or administrator, such action may be brought by and in the name or names of the spouse, common-law partner, parent or child of such person, or any of them. R.S., c. 163, s. 4; 2000, c. 29, s. 10.

Damages

5 (1) Every action brought under this Act shall be for the benefit of the spouse, common-law partner, parent or child of such deceased person and the jury may give such damages as they think proportioned to the injury resulting from such death to the persons respectively for whose benefit such action was brought, and the amount so recovered, after deducting the costs not recovered, if any, from the defendant, shall be divided among such persons in such shares as the jury by their verdict find and direct.

(2) In subsection (1), "damages" means pecuniary and non-pecuniary damages and, without restricting the generality of this definition, includes

(a) out-of-pocket expenses reasonably incurred for the benefit of the deceased;

(b) a reasonable allowance for travel expenses incurred in visiting the deceased between the time of the injury and the death;

(c) where, as a result of the injury, a person for whose benefit the action is brought provided nursing, housekeeping or other services for the deceased between the time of the injury and the death, a reasonable allowance for loss of income or the value of the services; and

(d) an amount to compensate for the loss of guidance, care 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) In assessing the damage in any action there shall not be taken into account any sum paid or payable on the death of the deceased, whether by way of pension or proceeds of insurance, or any future premiums payable under any contract of assurance or insurance.

(4) In an action brought under this Act where funeral expenses have been incurred by the parties for whose benefit the action is brought, damages may be awarded for reasonable necessary expenses of the burial of the deceased, including transportation and things supplied and services rendered in connection therewith. R.S., c. 163, s. 5; 2000, c. 29, s. 11.

Statement of claim

6 In every action the plaintiff on the record shall set forth, in his statement of claim, or deliver therewith to the defendant, or his solicitor, full particulars of the person or persons for and on behalf of whom such action was brought and of the nature of the claim in respect to which damages are sought to be recovered. R.S., c. 163, s. 6; revision corrected.

Payment into court

7 If the defendant pays money into court, he may pay it as a compensation in one sum to all the persons entitled thereto under this Act, without specifying the shares of the several persons. R.S., c. 163, s. 7.

Sufficiency of payment

8 If any sum paid into court is not accepted, and an issue is taken by the plaintiff as to its sufficiency, and the jury thinks the same is sufficient, the defendant shall be entitled to the verdict upon that issue. R.S., c. 163, s. 8.

Apportionment by judge

9 In all cases where for any reason the compensation is not apportioned among the several persons entitled under this Act, a judge may apportion the same and dispose of the costs of the application and inquiry as he thinks just. R.S., c. 163, s. 9.

Limitation of action

10 Not more than one action shall lie for and in respect to the same subject-matter of complaint and every such action shall be commenced within twelve months after the death of the deceased person. R.S., c. 163, s. 10.

Illegitimate child

11 The mother of an illegitimate child has the same rights under this Act in respect of the death of that child as she would have if the child had been legitimate, and an illegitimate child has the same rights under this Act in respect of the death of his mother as he would have if he had been a legitimate child. R.S., c. 163, s. 11.

Settled intention to treat as child

12 A person has in respect of the death of a deceased the same rights under this Act as

(a) a child of the deceased if the deceased has demonstrated a settled intention to treat that person as a child of the family of the deceased;

(b) a parent of the deceased if that person has demonstrated a settled intention to treat the deceased as a child of the family of that person. R.S., c. 163, s. 12.

13 repealed 2000, c. 29, s. 12.