This report of produced after concern arose from the decision in the Crosby v O’Reilly case. A working paper was produced and a committee was appointed for the purpose of considering the specific question of whether the claim for damages for loss of expectation of life should be abolished and the broader question of the adoption of the Uniform Survival of Actions Act.

This report examines the existing common law in Alberta, legislative change and the claim for loss of expectation of life, loss of amenities and legislation in other provinces. It discusses proposals for change for damages for loss of expectations of life, amenities, pain and suffering, and compensation for bereavement.

This report proposes that the Survival of Actions Act be enacted and a draft is included. Its principle effect would be to introduce order into the law. It is the Uniform Act with some alterations: it embodies the recommendations for the abolition upon death of the heads of damages for loss of expectation of life, loss of amenities, and pain and suffering, and for the general tidying up of the law on survival of actions. It carries forward the $500 funeral allowance, noting that although increasing it would be justified, it would involve an amendment to section 8 of the Fatal Accidents Act. Amendments to the Fatal Accidents Act are proposed and draft is included, which recommends compensation for bereavement.