Report On Survival Of Causes Of Action For Personal Injury And Matters Related To Claims For Wrongful Death PDF Download

Where one person wrongfully causes the death of another, an action may be brought for the benefit of certain relatives of the deceased. In a wrongful death action, damages may be claimed on behalf of those relatives for the loss of financial support and the loss of services that they may suffer as a result of the death. The terms of reference included a review of the practice of discounting a surviving spouse's damages for the possibility that the spouse's relationship with the deceased may have come to a premature end or for the prospect that the spouse may enter a new financially supportive relationship. The terms of reference also called for a consideration of these issues in relation to a claim by a dependent child of the deceased.