What is the current state of the law in Canada on a claim for loss of expectation of life?
Nunavut, Canada
The following excerpt is from Daniska v. Heli-Max, 2005 NUCJ 14 (CanLII):
Australia followed in Fitch v. Hyde-Cates (1982), 150 CLR 482, 39 A.L.R. 581. The Australian legislation was similar to that of the provinces noted above in that it excluded causes of action for loss of expectation of life. Nevertheless, Mason J. held that recovery of damages for loss of earning capacity could not be excluded as this claim was at law distinct from a claim for loss of expectation of life.
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