Acts and Regulations

2012, c.104 - Fatal Accidents Act

Section 24
Disposition versions

Full text
Statement of claim and statement of particulars
24(1)In every action brought under this Act,
(a) the statement of claim shall contain, or the plaintiff shall deliver, full particulars of the names, addresses and occupations of the persons for whose benefit the action is brought, and
(b) the plaintiff shall file with the statement of claim an affidavit in which he or she shall state that to the best of his or her knowledge, information and belief, the persons on whose behalf the action is brought as set forth in the statement of claim or in the particulars delivered are the only persons entitled, or who claim to be entitled, to the benefit of the action.
24(2)If the plaintiff fails to comply with subsection (1), the court, on application, may order the plaintiff to give the particulars or so much of them as he or she is able to give; and the action shall not be tried until he or she complies with the order but the failure of the plaintiff to comply with subsection (1) or with an order made under this subsection is not a ground of defence to the action, or a ground for its dismissal.
24(3)A judge of the court in which the action is brought may dispense with the filing of an affidavit, as required in subsection (1), if he or she is satisfied that there is sufficient reason for doing so.
R.S.1973, c.F-7, s.10
Statement of claim and statement of particulars
24(1)In every action brought under this Act,
(a) the statement of claim shall contain, or the plaintiff shall deliver, full particulars of the names, addresses and occupations of the persons for whose benefit the action is brought, and
(b) the plaintiff shall file with the statement of claim an affidavit in which he or she shall state that to the best of his or her knowledge, information and belief, the persons on whose behalf the action is brought as set forth in the statement of claim or in the particulars delivered are the only persons entitled, or who claim to be entitled, to the benefit of the action.
24(2)If the plaintiff fails to comply with subsection (1), the court, on application, may order the plaintiff to give the particulars or so much of them as he or she is able to give; and the action shall not be tried until he or she complies with the order but the failure of the plaintiff to comply with subsection (1) or with an order made under this subsection is not a ground of defence to the action, or a ground for its dismissal.
24(3)A judge of the court in which the action is brought may dispense with the filing of an affidavit, as required in subsection (1), if he or she is satisfied that there is sufficient reason for doing so.
R.S.1973, c.F-7, s.10