Fatal Accident Claims
-
Fatal Accident Dependency Calculations
In this article Derek Aldridge examines the difference between using the sole- and cross-dependency approaches when estimating the loss of income dependency following a fatal accident. Chris Bruce wrote about this issue three years ago in the Expert Witness (Volume 1, Number 4). Derek’s article emphasises the specific differences between the calculations in the two… Continue reading
-
The Current Status of Survival of Actions Act Claims
In this article Christopher Bruce discusses two trial court decisions concerning the method by which claims for loss of earnings are to be calculated under the Survival of Actions Act. He argues that, although these two decisions clarify many of the outstanding issues in this area, a number of crucial problems remain unresolved. Continue reading
-
Issues Arising in the Calculation of Damages under the Survival of Actions Act (Part 2)
This is a continuation of a previous article by Scott Beesley concerning some issues that arise in assessing claims under the Survival of Actions Act. He now discusses the methodology of the calculation, the connection between Survival of Actions Act and the Fatal Accidents Act, and the recent decisions in Brooks v. Stefura and Duncan… Continue reading
-
Issues Arising in the Calculation of Damages Under the Survival of Actions Act (Part 1)
In this article Scott Beesley discusses the issues that arise in the calculation of damages under the Survival of Actions Act. Mr. Beesley addresses the possible size of the “necessities” deduction. Continue reading
-
Unresolved Issues in the Valuation of Estate Claims Under Survival of Actions
In this article Derek Aldridge expands upon previous articles in our newsletter which have arisen from the Duncan v. Baddeley court of appeal decision. He raises several questions concerning the calculation of losses in light of this decision, and suggests that it may not be possible to resolve these issues until it is determined whether… Continue reading
-
Implications of Duncan v. Baddeley
This article deals with the impact of the recent Alberta Appeal Court decision in Duncan v. Baddeley. Christopher Bruce discusses the implications of this decision for: fatal accident actions in which there are no dependants; the selection between the Fatal Accidents Act and the Survival of Actions Act; and the valuation of the “lost years”… Continue reading
-
Calculation of the Dependency Rate in Fatal Accident Actions
In this article Christopher Bruce deals with the topical issue of alternative approaches to the calculation of the dependency rate. He argues here that determination of whether a sole dependency method, a revised dependency method, or a revised cross dependency method is appropriate will depend upon the nature of the marriage of the couple in… Continue reading
-
Damage Calculations in Fatal Accident Actions After Galand
This article is Christopher Bruce’s second of two reports on the ramifications of the Alberta Court of Appeal decision in Galand Estate v. Stewart. The article in this issue considers the implications of Galand for the calculation of damages. Continue reading
-
Fatal Accident Cases After Galand
In this article Christopher Bruce discusses the theoretical arguments raised by Mr. Justice Coté’s decision that an estate is able to rely on the Survival of Actions Act to sue for a deceased’s loss of earning capacity. Continue reading