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Third Session, Thirty-Seventh Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.
It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.

Bill 15

THE FATAL ACCIDENTS AMENDMENT ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. F50 amended

1           The Fatal Accidents Act is amended by this Act.

2           Section 1 is amended by adding "unless otherwise specified," after "In this Act,".

3           Subsection 3(4) is repealed.

4           The following is added after section 3:

Definitions re loss of companionship

3.1(1)      In this section,

"child" means a son or daughter of the deceased who, at the time of the death of the deceased, was under the age of 18 years; (« enfant »)

"family member" means

(a) a son or daughter of the deceased who, at the time of the death of the deceased, was 18 years of age or over,

(b) a step-son or step-daughter of the deceased, or a person to whom the deceased stood in loco parentis,

(c) a step-mother or step-father of the deceased, or a person who stood in loco parentis to the deceased, and

(d) a brother, sister, grandson, granddaughter, grandfather or grandmother of the deceased; (« membre de la famille »)

"parent" means a mother or father of the deceased. (« parent »)

Damages for loss of companionship

3.1(2)      Subject to section 4, the court shall award damages for the loss of guidance, care and companionship of the deceased in the following amounts:

(a) $30,000. to each of the husband or wife of the deceased, the common-law partner of the deceased and the support recipient of the deceased and to each parent and child of the deceased;

(b) $10,000. to each family member of the deceased.

No application of Equality of Status Act

3.1(3)      An award may be made under this section notwithstanding The Equality of Status Act.

No need to establish damages

3.1(4)      An award of damages under this section shall be made without reference to any other damages that may be awarded and without evidence of damage.

Adjustment for inflation

3.1(5)      In making an award under this section, the court shall adjust the amounts set out in subsection (2) to take into account inflation after 2002.

Transitional

5           The Fatal Accidents Act,

(a) as it read immediately before the coming into force of this Act, applies to an action in respect of a deceased who dies before this Act comes into force; and

(b)  as amended by this Act, applies to an action in respect of a deceased who dies on or after the day this Act comes into force.

Coming into force

6            This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill amends The Fatal Accidents Act to provide standardized awards for the loss of guidance, care and companionship to family members of the deceased.  The Bill also requires these awards to be adjusted to take inflation into account.