Province of Alberta
SURVIVAL OF ACTIONS ACT
Revised Statutes of Alberta 2000
Chapter S-27
Current as of October 1, 2011
Office Consolidation
© Published by Alberta Queen’s Printer
Alberta Queen’s Printer
7th Floor, Park Plaza
10611 - 98 Avenue
Edmonton, AB T5K 2P7
Phone: 780-427-4952
Fax: 780-452-0668
E-mail: [email protected]
Shop on-line at www.qp.alberta.ca
Copyright and Permission Statement
Alberta Queen's Printer holds copyright on behalf of the Government of Alberta
in right of Her Majesty the Queen for all Government of Alberta legislation.
Alberta Queen's Printer permits any person to reproduce Alberta’s statutes and
regulations without seeking permission and without charge, provided due
diligence is exercised to ensure the accuracy of the materials produced, and
Crown copyright is acknowledged in the following format:
© Alberta Queen's Printer, 20__.*
*The year of first publication of the legal materials is to be completed.
Note
All persons making use of this consolidation are reminded that it has no
legislative sanction, that amendments have been embodied for convenience of
reference only. The official Statutes and Regulations should be consulted for all
purposes of interpreting and applying the law.
SURVIVAL OF ACTIONS ACT
Chapter S-27
Table of Contents
1
2
3
4
5
6
7
8
9
Definition
Cause of action survives for benefit of estate
Cause of action survives against estate
Cause of action deemed to exist before death
Recovery of damages
Calculation of damages
Cause of action asset or liability
Litigation representative
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
Section 3
SURVIVAL OF ACTIONS ACT
RSA 2000
Chapter S-27
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
2
Section 7
RSA 2000
Chapter S-27
SURVIVAL OF ACTIONS ACT
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
3
*9780779760596*
Printed on Recycled Paper