It seems to me it is now settled (Keizer v. Hanna, 1978 CanLII 28 (SCC), [1978] 2 S.C.R. 342, 3 C.C.L.T, 316, 82 D.L.R. (3d) 449, 19 N.R. 209, and other cases) that to enable a proper award to be made in a fatal accident case, a probable framework might be as follows where the evidence is available: 1. Calculate a capital sum sufficient to replace the loss of support due to the deceased's death, considering those contingencies which might have affected that income such as: (a) increase or decrease in "personal characteristic" abilities affecting earning power as the years went by; (b) unemployment due to economic conditions; (c) ceasing to provide for the family for some reason such as incapacitating sickness; (d) altered earnings because of early or late retirement; (e) death before the joint expectancy period of husband and wife; (f) any other factors raised on the evidence. 2. Decide the proportion of the annual income that would have been used by the deceased in: (a) supporting his wife and children; (b) spending on his own personal needs; (c) putting aside for savings or building up family assets for an estate; and apply the proportions to the amount projected in para. 1. 3. Take the amount projected in para. 2(a), and estimate the total predictable income of the deceased as a lump sum after payment of tax and other expenses (on a net or "take home" pay basis) using the exhausting fund principle. 4. Consider the effect of any contingencies affecting the wife personally such as: (a) the possibility of marriage breakdown; (b) the possibility of remarriage; (c) other factors shown on the evidence; and make any appropriate alteration to the amount projected in para. 3. 5. Decide an amount adjudged to be what would be received by the family from the "savings" or "inherited" portion of the deceased's assets, take its present value and make a statistical reduction that the wife will be alive at the end of the purchase period. 6. Discount the above sum, if the facts demand, for the benefits of acceleration of the receipt of the lost inheritance. 7. Take the totals found in paras. 4 and 6 and add back an estimated amount sufficient to pay the income tax on such amount each year on the invested proceeds of the award. 8. Consider amounts for mother and children proportioning them to equal the total of the value of the lost dependency and the lost inheritance. 9. Consider the total figure as a jury matter as to whether it constitutes fair and proper compensation for the loss, make any warranted adjustments, and decide the award. 10. Consider an extra award (if justified) to the children for the loss of a loving parent. 11. Consider providing a management fee. 12. Consider any application of prejudgment interest.
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