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The Fatal Accidents Act

C.C.S.M. c. F50

The Fatal Accidents Act

1 Definitions
2(1) Liability for damages caused by death
(2) When cause of action arises
(3) Effect of settlements made by deceased
(4) Effect of settlement made by deceased
(5) Prior death of tortfeasor
(6) Subsequent death of tortfeasor
3(1) Person entitled to benefit
(2) Amount of damages
(3) Funeral expenses
(5) and (6)
3.1(1) Definitions re loss of companionship
(2) Damages for loss of companionship
(3) No application of Equality of Status Act
(4) No need to establish damages
(5) Adjustment for inflation
4(1) Contributory negligence of beneficiary reduces his damage
(2) Contributory negligence of deceased
5(1) Bringing of action where no executor or administrator
(2) Persons who benefit
(3) Amended statement of claim
6 Considerations in assessing damages
7(1) One action only
(2) Procedure in bringing of action
(3) Limitations not binding on claimant
(4) Limitation on bringing of action
(5) Effect of contract
8 Payment into court
9(1) Particulars required in bringing action
(2) Order for particulars and effect of failure to give particulars
(3) Order dispensing with affidavit
10(1) Apportionment by judge
(2) When payments may be postponed
11 Determination of questions between persons entitled
12 Crown bound