Knowledge Centre

Fatal Accidents & Non Pecuniary Damages In Western Provinces and Territories

July 2014 CBM Lawyers, Alberta, British Columbia, Northwest Territories, Yukon, Saskatchewan

At common law, no survivors had a right of action in tort for their loss due to the death of a family member.  As a result, many Provinces enacted wrongful death statutes that created a cause of action for certain survivors of a person wrongfully killed.  This article compares damage awards for non-pecuniary loss/ bereavement damages in the Western Canadian Provinces and Territories. Although the legislation does have similarities, there are important differences amongst the various jurisdictions as to who can claim damages pursuant to the legislation.

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