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The Fatal Accidents Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 2002, c. 13

Bill 15, 3rd Session, 37th Legislature

THE FATAL ACCIDENTS AMENDMENT ACT


 

(Assented to July 25, 2002)

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3           Subsection 3(4) is repealed.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, as amended by this Act, applies to any action under The Fatal Accidents Act, regardless of whether the death occurred before or after the coming into force of this Act.

Coming into force

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