3(1)All causes of action vested in a person who dies after April 1, 1969, survive for the benefit of the estate.

3(2)The rights conferred by subsection (1) are in addition to and not in derogation of any rights conferred by the Fatal Accidents Act.

6(1)When a cause of action survives for the benefit of the estate of a deceased person, only damages that have resulted in actual pecuniary loss to the deceased person or the estate are recoverable and, without restricting the generality of the foregoing, the damages recoverable shall not include damages for loss of expectation of life, pain and suffering or physical disfigurement.

6(2)Despite subsection (1), if the person in whom the cause of action is vested dies on or after January 1, 1993, the damages recoverable may include punitive or exemplary damages in appropriate cases.

9(1)If a cause of action survives against the estate of a deceased person and there is no personal representative of the deceased person against whom the action may be brought or continued in this Province, a court of competent jurisdiction, or a judge of that court, may appoint a litigation administrator of the estate of the deceased person

9(2)The litigation administrator is an administrator against whom such an action may be brought or continued and by whom such an action may be defended.

9(3)The litigation administrator as defendant in such an action may take any steps that a defendant may ordinarily take in an action, including third party proceedings and the bringing, by way of counterclaim, of any action that survives for the benefit of the estate of the deceased person.

9(4)A judgment obtained by or against the litigation administrator has the same effect as a judgment in favour of or against the deceased person or the deceased person’s personal representative, as the case may be, but it has no effect for or against the litigation administrator in the litigation administrator’s personal capacity.

10(1)Despite any Act limiting the time within which an action may be brought, a cause of action that survives under this Act is not barred until the expiry of the period provided by this section.

10(2)Subject to subsection (3), proceedings on a cause of action that survives under section 3 shall not be brought after two years from,

10(3)Proceedings on a cause of action that survives under section 3 shall not be brought after five years from the day of the death of the person in whom the cause of action was vested before death.

10(4)Subject to subsection (5), proceedings on a cause of action that survives under section 4 or 5 shall not be brought after two years from the later of

10(5)Proceedings on a cause of action that survives under section 4 or 5 shall not be brought after five years from the day of the death of the person against whom the cause of action subsisted or was deemed to have been subsisting before death.

10(6)For the purposes of subsections (2) and (4), a cause of action is discovered by a person on the day on which that person first knew or ought reasonably to have known that the cause of action existed.

10(7)Subject to subsection (8), this Act does not operate to revive a cause of action in or against a person that was barred at the date of that person’s death.

10(8)An enactment that permits an action to be instituted by way of counterclaim or third party proceedings after the expiry of the time otherwise limited for the bringing of the action applies with respect to proceedings under this Act.