What is the test for damages under the Fatal Accidents Act?
British Columbia, Canada
The following excerpt is from Cahoose v. I.C.B.C., 1999 BCCA 302 (CanLII):
In this class of case, the task of the court is to determine what pecuniary loss has been occasioned to a plaintiff or plaintiffs arising out of the premature death of the deceased person. In Daniels v. Jones, [1961] 3 All E.R. 24, at 31, a case decided under comparable U.K. legislation, Pearson L.J. said: The damages to be assessed under the Fatal Accidents Acts, 1846 to 1908, are to be proportioned to the injury resulting from the death to the beneficiaries, ... for whose benefit the action is brought. The word "injury" is interpreted as meaning pecuniary loss.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If a plaintiff is found to be at fault for the Second Accident, what are the damages for that accident? (British Columbia, Canada)
What is the standard of damages for non-pecuniary damages in a motor vehicle accident? (British Columbia, Canada)
What is the range of damages for non-pecuniary damages in a motor vehicle accident? (British Columbia, Canada)
What is the test for assessing damages for non-pecuniary damages in a motor vehicle accident? (British Columbia, Canada)
What is the quantum of damages for non-pecuniary damages in a motor vehicle accident? (British Columbia, Canada)
Does the existence of the ICBC and its role in defending damages for damages flowing from motor vehicle accidents take into account? (British Columbia, Canada)
What is the test for determining whether a motor vehicle accident is an accident or an accident? (British Columbia, Canada)
What is the test for awarding punitive damages in a motor vehicle accident? (British Columbia, Canada)
What is the test for determining the range of damages for a plaintiff who sustained a fractured skull in a motor vehicle accident? (British Columbia, Canada)
When there is little or no objective evidence of continuing injury in the context of a claim for damages arising from a motor vehicle accident, does the claimant have to prove that there is a continuing injury? (British Columbia, Canada)
