Acts and Regulations

2012, c.104 - Fatal Accidents Act

Full text
Effect of release
5(1)No settlement made, release given or judgment recovered in an action brought by the deceased within a period of three months after the commission or occurrence of the wrongful act, neglect or default causing his or her death is a bar to a claim made under this Act nor is it a discharge of liability arising under this Act, but any payment made, in accordance with it, shall be taken into account in assessing damages in any action brought under this Act.
5(2)Unless it is set aside, a settlement made or release given, or a judgment recovered in an action brought by the deceased after the expiration of the period mentioned in subsection (1) is a discharge of liability under this Act.
R.S.1973, c.F-7, ss.2(3), (4)
Effect of release
5(1)No settlement made, release given or judgment recovered in an action brought by the deceased within a period of three months after the commission or occurrence of the wrongful act, neglect or default causing his or her death is a bar to a claim made under this Act nor is it a discharge of liability arising under this Act, but any payment made, in accordance with it, shall be taken into account in assessing damages in any action brought under this Act.
5(2)Unless it is set aside, a settlement made or release given, or a judgment recovered in an action brought by the deceased after the expiration of the period mentioned in subsection (1) is a discharge of liability under this Act.
R.S.1973, c.F-7, ss.2(3), (4)