Is a common law relationship with a plaintiff who is a plaintiff in a fatal accident action for the purposes of calculating damages?

Manitoba, Canada


The following excerpt is from Braun v. Vaughan, 2000 CanLII 17227 (MB CA):

96 In Naeth Estate v. Warburton, Sherstobitoff J.A. had occasion to comment at para. 3: The authorities are clear that a remarriage of a spouse who is a plaintiff in a fatal accident action is something which must be taken into account in determining damages. The same applies to a common law relationship such as we have here. The extent to which damages will be affected is a question of fact depending on all of the circumstances and must be dealt with on a case by case basis.

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