This is an official version.
Copyright © 2000: Queens Printer,
Revised Statutes of Newfoundland 1990
AN ACT TO PROVIDE FOR THE SURVIVAL OF CERTAIN CAUSES OF ACTION
1. This Act may be cited as the Survival of Actions Act.
RSN1970 c365 s1Back to Top
Causes of action to survive
2. Actions and causes of action
(a) vested in a person who has died; or
(b) existing against a person who has died,
shall survive for the benefit of or against his or her estate.
RSN1970 c365 s2Back to Top
Survival of action against deceased
3. Where damage has been suffered because of an act or omission in respect of which a cause of action would have existed against a person if that person had not died before or at the same time as the damage was suffered, there is considered for the purposes of this Act to have been existing against him or her before his or her death a cause of action in respect of that act or omission that would have existed if he or she had died after the damage was suffered.
RSN1970 c365 s3Back to Top
Damages that may be recovered
4. Where a cause of action survives under this Act for the benefit of the estate of a deceased person, only damages that have resulted in actual monetary loss to the estate are recoverable and the damages recoverable
(a) shall be calculated in the same manner as if that person were living and had brought the action;
(b) shall not include punitive or exemplary damages;
(c) in the case of a breach of promise to marry shall be limited to damage to the estate of that person that flows from the breach of promise to marry; and
(d) where the death of that person has been caused by the act or omission which gives rise to the cause of action, shall be calculated without reference to a loss or gain to his or her estate consequent on his or her death, except that a sum in respect of funeral expenses may be included.
RSN1970 c365 s4Back to Top
Limitation of action
5. An action shall not be brought under this Act unless proceedings are started within 6 months after letters of probate or administration of the estate of the deceased have been granted and proceedings shall not be started in an action under this Act after the expiration of 1 year after the date of death of the deceased.
RSN1970 c365 s5Back to Top
No time extension under Highway Traffic Act
6. Nothing contained in this Act shall be considered to extend the time within which an action shall be brought under section 198 of the Highway Traffic Act.
RSN1970 c365 s6Back to Top
Appointment of representative of estate
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, the Trial Division or a judge of the Trial Division may, on an application made after the expiration of 20 days after the date of death of the deceased person and on terms as to costs or security for the application as the court or judge considers appropriate, and upon notice to interested persons as the court or judge considers appropriate appoint a person to represent the estate for purposes of an action, cause or proceeding on behalf of or against the estate.
RSN1970 c365 s7; 1974 No57 s38(264(jj));
Charge on estate
8. (1) Causes of action under this Act and a judgment or order on the action or relating to the costs of the action are assets or liabilities of the estate for the benefit of which or against which the action was taken or the judgment or order was made.
(2) In estimating the damages in an action under this Act the benefit, gain, profit or advantage which in consequence of or resulting from the wrong committed may have accrued to the estate of the person who committed the wrong shall be taken into consideration and shall form part or may constitute the whole of the damages to be recovered, whether or not property or the proceeds or value of property belonging to the person bringing the action or to his or her estate has or have been appropriated by or added to the estate or money of the person who committed the wrong.
RSN1970 c365 s8Back to Top
Rights under Fatal Accidents Act
9. The rights conferred by this Act for the benefit of the estate of a deceased person are in addition to and not in derogation of rights conferred by the Fatal Accidents Act and so much of this Act as relates to causes of action against the estate of a deceased person applies in relation to causes of action under that Act as it applies in relation to other causes of action not expressly excepted from the operation of this Act.
RSN1970 c365 s9Back to Top
Workers' Compensation Act
10. This Act is subject to section 44 of the Workers' Compensation Act.
RSN1970 c365 s10; 1979 c51 s30Back to Top
Actions to which Act does not apply
11. This Act does not apply to an action for
(b) malicious prosecution;
(c) false imprisonment;
(d) false arrest;
(f) inducing a spouse to leave or remain apart from the other; or
(g) damages for physical disfigurement, pain or suffering caused to a deceased person.
RSN1970 c365 s11
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