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SURVIVAL OF ACTIONS ACT

SURVIVAL OF ACTIONS ACT

Chapter S‑27

Table of Contents

                1       Definition

                2       Cause of action survives for benefit of estate

                3       Cause of action survives against estate

                4       Cause of action deemed to exist before death

                5       Recovery of damages

                6       Calculation of damages

                7       Cause of action asset or liability

                8       Litigation representative


                9       Crown bound

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Definition

1   In this Act, “cause of action” means

                                 (a)    the right to bring a civil proceeding, or

                                 (b)    a civil proceeding commenced before death,

but does not include a prosecution for the contravention of an Act, regulation or bylaw.

RSA 1980 cS‑30 s1

Cause of action survives for benefit of estate

2   A cause of action vested in a person who dies after January 1, 1979 survives for the benefit of the person’s estate.

RSA 1980 cS‑30 s2

Cause of action survives against estate

3   A cause of action existing against a person who dies after January 1, 1979 survives against the person’s estate.

RSA 1980 cS‑30 s3

Cause of action deemed to exist before death

4   If a cause of action for damages suffered by reason of an act or omission would have existed against a person had that person not died at or before the time the damage was suffered, the cause of action is deemed to have existed against the person before the person’s death.

RSA 1980 cS‑30 s4

Recovery of damages

5(1)  If a cause of action survives under section 2, only those damages that resulted in actual financial loss to the deceased or the deceased’s estate are recoverable.

(2)  Without restricting the generality of subsection (1), the following are not recoverable:

                                 (a)    punitive or exemplary damages;

                                 (b)    damages for loss of expectation of life, pain and suffering, physical disfigurement or loss of amenities;

                                 (c)    damages in relation to future earnings, including damages for loss of earning capacity, ability to earn or chance of future earnings.

(3)  Subsection (2)(c) applies only to causes of action that arise after the coming into force of this section.

RSA 2000 cS‑27 s5;2002 c17 s8

Calculation of damages

6   If the death of a person was caused by an act or omission that gives rise to a cause of action, the damages shall be calculated without reference to a loss or gain to the person’s estate as a result of the person’s death, but reasonable expenses of the funeral and the disposal of the body of the deceased may be included in the damages awarded, if the expenses were, or liability for them was, incurred by the estate.

RSA 1980 cS‑30 s6

Cause of action asset or liability

7   A cause of action that survives under this Act and a judgment or order on it or relating to the costs of it is an asset or liability, as the case may be, of the estate to which the cause of action relates.

RSA 1980 cS‑30 s7

Litigation representative

8(1)  If a cause of action survives under this Act and there is no personal representative of the deceased person against whom the action may be brought or continued in Alberta, the Court of Queen’s Bench

                                 (a)    on the application of a person entitled to bring or continue the action, and

                                 (b)    on any notice that the Court considers proper,

may appoint a litigation representative for the estate of the deceased person and the action may be brought or continued against the litigation representative and defended by the litigation representative.

(2)  A litigation representative appointed under subsection (1) may take any steps that a defendant may take in an action, including third party proceedings and the bringing, by way of counterclaim, of any action that survives for the benefit of the estate of the deceased person.

(3)  A judgment obtained by or against the litigation representative has the same effect as a judgment in favour of or against the deceased person or the deceased person’s personal representative, as the case may be, but it has no effect for or against the litigation representative in the litigation representative’s personal capacity.

RSA 2000 cS‑27 s8;RSA 2000 c16(Supp) s58;2011 c14 s28

Crown bound

9   The Crown is bound by this Act.

RSA 1980 cS‑30 s9