Survival of Actions Act




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An Act Relating to the
Survival of Actions by and against
Executors and Administrators

Short title

1 This Act may be cited as the Survival of Actions Act. R.S., c. 453, s. 1.

Subsisting cause of action survives death

2 (1) Except as provided in subsection (2), where a person dies, all causes of action subsisting against or vested in him survive against or, as the case may be, for the benefit of his estate.

Certain causes of action do not survive

(2) A cause of action does not survive death when the action is for

(a) adultery;

(b) inducing a spouse to leave or remain apart from his or her spouse. R.S., c. 453, s. 2.

Cause of action deemed subsisting before death

3 Where damage has been suffered by reason of an act or omission as a result of which a cause of action would have subsisted against a person if that person had not died before or at the same time as the damage was suffered, there is deemed to have been subsisting against him before his death whatever cause of action as a result of that act or omission would have subsisted if he had not died before the damage was suffered. R.S., c. 453, s. 3.

Recoverable damages

4 Where a cause of action survives for the benefit of the estate of a deceased person, only damages that have resulted in actual pecuniary loss to the estate are recoverable, and in no case are damages recoverable for

(a) punitive and exemplary matters;

(b) loss of expectation of life;

(c) pain and suffering. R.S., c. 453, s. 4.

Limitation of Actions Act

5 Where a cause of action survives by reason of this Act, the cause of action is subject to the Limitation of Actions Act. R.S., c. 453, s. 5.

Fatal Injuries Act

6 The rights conferred by this Act are in addition to and not in derogation of any rights conferred by the Fatal Injuries Act. R.S., c. 453, s. 6.

Estate representative appointed for purposes of action

7 Where there is no executor or administrator, or none within the Province, of an estate against which or for the benefit of which a cause of action survives under this Act, a judge of the Trial Division of the Supreme Court or a judge of a county court, on an application made after the expiration of twenty days from the date of death, may, on such terms as to costs or security therefor as the judge thinks fit, appoint a person to represent the estate for all purposes of any action, cause or proceeding on behalf of or against the estate. R.S., c. 453, s. 7.

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