Stewart v. Pearson (1988), 92 A.R. 243 (QB)
MLB headnote and full text
Robert John Stewart, Bruce Allan Stewart, Marilyn Jean Andrews and William Allan McLeod (plaintiffs) v. Charlene Pearson (defendant)
(Action No. 8601-08905)
Indexed As: Stewart et al. v. Pearson
Alberta Court of Queen’s Bench
Judicial District of Calgary
Moshansky, J.
October 6, 1988.
Summary:
A 21 year old wife died as the result of a motor vehicle accident. Her husband claimed damages for wrongful death from the defendant under the Fatal Accidents Act. The defendant admitted liability.
The Alberta Court of Queen’s Bench assessed damages.
Damage Awards – Topic 85
Personal injuries and death – Fatal accidents – Wife – [See Damages – Topic 2104 below].
Damages – Topic 2104
Torts causing death – Damages recover able – A 21 year old wife died as the result of a motor vehicle accident – She had been married one year and was fully employed earning $12,144 per year net – She did 60% of the housekeeping – She and her husband were buying a house and they pooled their joint incomes – The Alberta Court of Queen’s Bench awarded her husband damages for her death including loss of income, both pretrial and future, loss of her housekeeping services and for bereavement.
Damages – Topic 2117
Torts causing death – Method of assessment of value of dependency – Contingencies – A 21 year old wife was killed in a motor vehicle accident after one year of marriage – She was fully employed with excellent prospects for promotion – The Alberta Court of Queen’s Bench calculated her husband’s pretrial and future loss – The court estimated an increased salary, deducted 20% for personal expenses and allowed 60% after tax as the husband’s loss – The court adopted a 6.27 year period before the husband would remarry and applied a factor of 11.7% to the future earnings of the deceased in assessing the husband’s damages.
Damages – Topic 2197
Torts causing death – Considerations which decrease award – Remarriage of spouse – A 21 year old wife was killed in a motor vehicle accident – The Alberta Court of Queen’s Bench adopted a period of 6.27 years before remarriage in assessing her husband’s damages for her death.
Damages – Topic 2379
Torts causing death – Particular damage claims – Loss of housekeeping services – A 21 year old wife was killed in a motor vehicle accident after a year of marriage – She was fully employed and did 60% of the housekeeping – The Alberta Court of Queen’s Bench awarded her husband $14,847.36 for past and future loss of her housekeeping services based on a period of 6.27 years until the husband would likely remarry.
Damages – Topic 2380
Torts causing death – Particular damage claims – Bereavement – The Alberta Court of Queen’s Bench awarded a husband $3,000 for bereavement under s. 8(2)(a) of the Fatal Accidents Act.
Cases Noticed:
McNichol Estate and McNichol v. Mardell (1984), 55 A.R. 161; 32 Alta. L.R.(2d) 82, refd to. [para. 11].
Coco v. Nicholls (1981), 31 A.R. 386, refd to. [para. 11].
Nielsen v. Kaufman (1986), 54 O.R.(2d) 188, refd to. [para. 18].
Statutes Noticed:
Fatal Accidents Act, R.S.A. 1980, c. F-5, generally [para. 1]; sect. 8(2)(a) [para. 20].
Counsel:
D.O. Sabey and B.C. Yorke-Slader, for the plaintiffs;
M.J. Kelly, for the defendant.
This case was heard before Moshansky, J., of the Alberta Court of Queen’s Bench, Judicial District of Calgary, who delivered the following judgment on October 6, 1988.
