Materials from LESA’s Litigating Fatal Accidents Act Claims: A Primer are now available on the LESA Library, or for purchase in the LESA shop.
Wrongful death claims are very similar to personal injury claims in terms of how they are litigated. However, as they are largely governed by the Alberta Fatal Accidents Act (FAA), there are a few peculiarities that arise in these cases, of which one should be aware. Questions such as, “Who brings the action?”, “How many actions may be brought?”, and “Who may claim bereavement damages and in what amounts?” are explored.
This paper also outlines fundamentals of the Fatal Accidents Act (the “Act”) and explores the particular statutory provisions that govern fatal accident claims and the recent case law that has interpreted the Act. It provides a helpful overview of key sections of the Act and relevant case law decisions including:
- Bomford v Bomford, 2019 ABQB 529,
- Steinkrauss v Afridi, 2013 ABCA 417,
- Golden Estate v Neilson, 2011 ABCA 338,
- Ferraiuolo v Olson, 2004 ABCA 281, and more.
Many thanks to LESA volunteers, Maureen McCartney-Cameron, lawyer at JSS Barristers and Paige Gratton, Summer Student at JSS Barristers for preparing these materials. If you are a subscriber to the Civil Litigation collection or to the complete LESA Library, you can read the full paper here. To purchase and download these materials, please click here.