Bill 25 (Legislature 14, Session 1)

L14 S1 5915

Alberta — Bills

No. 25 1st Session, 14th Legislature, Alberta 8 Elizabeth II BILL 2S A Bill to amend The Fatal Accidents Act HON. MR. MANNING Printed by L. S. WALL, Printer to the Queen's Most Excellent Majesty, Edmonton. Alberta, 1960

Explanatory Note Generat The Fatal Accidenis Act is amended to clarify the position thereunder where the wrong-doer dies.

Section Sa, sub section (1) provides that an action is maintainable against the personal representative of a deceased wrong-doer. (See Cairney v. MacQueen, 191516, .supreme Court Reports 5,55) Subsection (2) authorizes the appointment of an administrator ad litem where no letters of administration or probate has issued within six months after the death of the deceased wrong-doer. (See Farish and Ellison v. Papp and Patterson ('1958) 23 W.W.R. (N.S.) 690)

BILL No. 25 of 1960

An Act to amend The Fatal Accidents Act (Assented to , 1960) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1 .• The Fatal Accidents Act, being

chapter 111 of the Revised Statutes, is amended by adding immediately after

section 5 the following: 5a.

(1) Where a person dies who would have been liable in an action for damages under this Act had he continued to live, then, whether he died before or after or at the same time as the person whose death was caused by wrongful act, neglect or default, an action may be brought and maintained or, if pending, may be continued .against the executor or administrator of the deceased person.

(2) Where there is no executor or administrator of a deceased person mentioned in subsection (1) appointed within six .months after his death, a judge of the Supreme Court may, on the application of any party intending to bring an action under this

section and on such notice as the judge may direct, appoint an administrator ad litem of the estate of the deceased person whereupon (

a) the administrator ad litem is an administrator against whom and by whom an action may be brought under subsection (1), and (

b) a judgment in favour of or against the adminis trator ad litem in any such action has the same effect as a judgment in favour of or against, as the case may be, the deceased person, but it has no effect whatsoever for or against the adminis trator ad litem in his personal capacity.

(3) This

section applies whether the wrong was com mitted or the deceased person died before or after the commencement of this section. 2. This Act comes into force on the day upon which it is assented to.

No. 25 FIRST SESSION FOURTEENTH LEGISLATURE 8 ELIZABETH II 1960 BILL

An Act to amend The Fatal Accidents Act Received and read the First time ........................ . Second time ....................................... . Third time .................. . HON. MR. MANNING Title: 1960 (14th, 1st) Bill 25,

An Act to amend The Fatal Accidents Act

Document details

Collection	Alberta — Bills
Citation	L14 S1 5915
Type	bill
Volume / chapter	L14 S1 5915
Language	en
Format	json
Source	PROVINCIAL
Identifier	acbeffee4d8f99e2776960a376b59977f1fecdff

Source file is stored in the law ingest library (json).