What is the test for determining the quantum of damages in a wrongful death action?

Alberta, Canada


The following excerpt is from McNichol v. Mardell, 1983 CanLII 1015 (AB QB):

The courts have long decided that the measure of damages must be limited to any reasonable expectation of pecuniary benefit that the claimant would have received from the deceased, had he not died. Cartwright J. in Proctor v. Dyck, 1953 CanLII 6 (SCC), [1953] 1 S.C.R. 244, [1953] 2 D.L.R. 257 at 261, states this concept as follows: “It is sufficient if it is shown that the claimant had a reasonable expectation of deriving pecuniary advantage from the deceased’s remaining alive which has been disappointed by his death”.

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