Does a deceased's inability to confer pecuniary benefit prior to his death preclude a beneficiary from recovering the benefit?

Saskatchewan, Canada


The following excerpt is from McMartin v. Elliott and Burns & Company, 1932 CanLII 244 (SK CA):

It is therefore settled that pecuniary benefit need not have been actually obtained by the beneficiary previous to the death, and the then inability of the deceased to confer pecuniary benefit does not preclude the beneficiary from recovering. Probability of the continuance of life, and the reasonable expectation that some time pecuniary advantage may be obtained, are matters to be taken into consideration. In Pym v. Gr. Nor.Ry. Co. (1862) 2 B. & S. 759, 121 E.R. 1254, the rule is laid down that it is for the tribunal to say under all the circumstances, taking into account all the uncertainties and contingencies of the particular case, whether there was such a reasonable and well-founded expectation of pecuniary benefit as can be estimated in money, and so become the subject of damages * * *

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