Fatal Accidents Act
Consolidated act- Citation
- R.S.N.W.T. 1988, c.F-3
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- s.1 amended by SNWT 1998,c.17,s.12
- s.6 amended by Miscellaneous Statute Law Amendment Act, 2021
Definitions
1.In this Act,
"administrator" means an administrator appointed by the Supreme Court; (administrateur)
"child" includes a son, daughter, grandson, grand- daughter, stepson, stepdaughter, adopted child and a person for whom the deceased stood in the place of a parent; (enfant)
"judge" means a judge of the Supreme Court; (juge)
"parent" includes a father, mother, grandfather, grandmother, stepfather, stepmother, a person who adopted a child and a person who stood in the place of a parent for the deceased; (parent)
"spouse" has the meaning assigned to it by section 1 of the Family Law Act. (conjoint) SNWT 1998,c.17,s.12.
Liability for damages
2.Where the death of a person is caused by a wrongful act, neglect or default that, if death had not resulted, would have entitled the person injured to maintain an action and recover damages in respect of the injury, the person who would have been liable if death had not resulted is liable to an action for damages, notwithstanding the death of the person injured and although the death was caused under circumstances amounting in law to culpable homicide.
Action
3.(1) An action brought under this Act
(a) shall be for the benefit of the spouse, parent or child of the person whose death was caused by a wrongful act, neglect or default; and
(b) subject to section 8, must be brought by and in the name of the executor or administrator of the deceased.
(2) In an action brought under this Act, a judge may award damages that are proportional to the injury resulting from the death of the deceased to the persons for whom and for whose benefit the action is brought.
(3) The damages awarded under subsection (2) shall, after deduction of the costs not recovered from the defendant, be divided among the persons for whom and for whose benefit the action is brought in the shares that may be determined at the trial.
Additional damages
4.(1) In an action brought under this Act a judge may, in addition to damages awarded under subsection 3(2), award damages in respect of
(a) medical or hospital expenses of the person injured that would have been recoverable as damages by that person if he or she had not died; and
(b) the funeral expenses of the deceased incurred by a person for whom or for whose benefit the action is brought.
(2) In assessing damages, a judge shall not take into account any sum paid or payable on the death of the deceased or any future premiums payable under any contract of assurance or insurance.
Payment into court
5.The defendant may pay into the Supreme Court one sum of money as compensation for his or her wrongful act, neglect or default, to all persons entitled to compensation, without specifying the shares into which it is to be divided.
Single action
6.(1) Only one action lies for and in respect of the same subject-matter of complaint.
(2) An action under this Act may not be brought more than two years after the death of the deceased. SNWT 2022,c.4,s.8.
Particulars in statement of claim
7.(1) The plaintiff shall set out in the statement of claim or deliver with the statement of claim full particulars of the persons for whom and on whose behalf the action is brought.
(2) The plaintiff shall file with the statement of claim an affidavit by the plaintiff stating that to the best of his or her knowledge, information and belief, the persons on whose behalf the action is brought, as set out in the statement of claim or the particulars delivered in accordance with subsection (1), are the only persons entitled or who claim to be entitled to the benefit of the action.
(3) The judge before whom the action is brought may, if the judge is of the opinion that there is sufficient reason for doing so, dispense with the filing of the affidavit under subsection (1).
Action by persons beneficially interested
8.(1) An action may be brought by all or any of the persons for whose benefit the action would have been if it had been brought by an executor or administrator where
(a) there is no executor or administrator; or
(b) no action is brought by the executor or administrator within six months after the death of the deceased.
(2) An action brought under subsection (1) shall be
(a) for the benefit of the same persons, and
(b) subject to the same regulations and procedure, with such modifications as the circumstances require,
as if the action were brought by an executor or administrator.
Costs and apportionment of compensation
9.A judge may apportion compensation that has not been otherwise apportioned among the persons entitled and may provide for the costs of the application.
Actions by several claimants
10.Where actions are brought by or for the benefit of two or more persons claiming to be entitled as spouse, parent or child of the deceased, the judge before whom the actions or either of them are pending may make an order that the judge considers just for the determination of
(a) the liability of the defendant; and
(b) all questions as to the persons entitled under this Act to the damages that may be recovered.
Application to judge
11.(1) Where
(a) an action is maintainable under this Act in whole or in part for the benefit of a minor, and
(b) the executor or administrator agrees, either before or after the commencement of an action, on a settlement of the claim or action,
the executor or administrator or the person against whom the claim or action is made or brought, may, on 10 days notice to the opposite party, apply to a judge for an order confirming the settlement.
(2) On an application under subsection (1), the judge may confirm or disallow the settlement and if the settlement is confirmed, the person against whom the claim or action is made or brought shall be discharged from all further claims.
(3) On an application under subsection (1), the judge may order all or part of the money to be paid into the Supreme Court or otherwise apportioned and distributed as the judge considers best in the interests of those entitled to it.