What is the test for assessing damages under the Fatal Accidents Act?
Saskatchewan, Canada
The following excerpt is from Hayes Estate and Hayes v. Green and Green, 1983 CanLII 2445 (SK QB):
I am left with the assessment of damages. Under the Fatal Accidents Act, the right to recover damages is restricted to recovery of pecuniary loss. The goal of assessment of damages under the Act is to restore the dependant to the financial position he would have occupied but for the death. The court is to award a lump sum that will sufficient to provide the dependant with the required monthly sum over a period of years, at the end of which the lump sum is exhausted (see Keiser v. Hanna (1978), 1978 CanLII 28 (SCC), 82 D.L.R. (3d) 449.)
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