On May 1, 2013 amendments to the Fatal Accidents Regulation, Alta. Reg. 32/2013 (the “Regulation”) came into effect. This change in the Regulation increases the amount of damages to be awarded under subsection 8(2) of the Fatal Accidents Act, RSA 2000, c F-8 (the “Act”). The new Regulation applies to deceased persons who die on or after May 1, 2013. Please note that the Regulation is not retroactive. As such, the old amounts will apply to deceased persons who died prior to May 1, 2013.
Below is an overview of the changes to the Regulation:
Click here to view table.
“Child” is defined by the Act to mean a son or daughter. “Parent” is defined to mean mother or father. Please note that some of these definitions have been extended to include adopted or step- children or step-parents on occasion and on a case by case basis. Additionally, the Court will not award damages to a spouse or adult interdependent partner if the spouse or adult interdependent partner was living separate and apart from the deceased person at the time of his or her death. Please note that in addition to damages for bereavement, the Act allows for claims for certain expenses and fees including:
- expenses incurred for the care and well-being of the deceased person between time of injury and death;
- travel and accommodation expenses incurred in visiting the deceased between time of the injury and death;
- expenses of the funeral and the disposal of the body of the deceased, including all things supplied and services rendered in connection with the funeral and disposal;
- fees paid for grief counselling that was provided for the benefit of the spouse, adult interdependent partner, parent, child, brother or sister of the person deceased.