This report recommends four significant changes in respect to recovery of damages for non-pecuniary loss in wrongful death action of the 1979 enacted section 8 of Fatal Accidents Act. First, the new term “damages for grief and loss of the guidance, care and companionship of the deceased” is used to describe more accurately what is being compensated. Second, the levels of damages (the existing level of damages has been rejected as totally inadequate) are raised to those set out in this report. Third, the category of claimants who could recover damages is redefined to include those individuals who have the closest relationship with the deceased at the time of death. Fourth, the lieutenant-governor-in-council should review the statutory amounts of damages at least once every 5 years and change the amount by Order in Council when necessary. This report also recommends that section 7 of Fatal Accidents Act be amended to allow recovery of a reasonable allowance for expenses incurred in caring of, and traveling to visit, the deceased between time of injury and death, expenses of the funeral and disposal of the body, and fees paid for grief counselling. This report does not cover compensation to surviving family members for the loss of financial benefits that would have been received from the deceased person, workers’ compensation, or criminal law as other parts of the law apply to these areas.
Final Report
Back to Publication SearchNon-Pecuniary Damages in Wrongful Death Actions, Final Report 66
Resource Details
Publication No: | 66 |
FORMAT: | Publications |
TAGS: | member, non-pecuniary, compensation, damages, death, family, injury, wrongful |
FILE: | fr066.pdf |