Surviving death (Duncan Estate v. Baddeley(February 2, 1999) Alberta Queen's Bench; Schiewe Estate v. Skogan (November 9, 1998) Alberta Court of Appeal).

• Author: Mitchell, Teresa

In 1989, an Alberta high school student was killed in an automobile accident at the age of sixteen. His estate sued for compensation for the loss of his future capacity to earn an income. Prior to this case, this type of loss had not been compensated. However, the Alberta Court of Appeal agreed with representatives of his estate that such a claim did survive his death. The Supreme Court of Canada refused to hear an appeal. The matter was sent back to the trial level to have the amount of the loss determined. In February 1999, Madame Justice Sulyma released her decision. The parties had agreed that the value of the lost future income earning capacity should be assessed in this case on the basis that the deceased would have earned $35,000 per year from the age of 19 to 62. They further agreed that there should be a deduction of 5% to cover contingencies such as the risk that he might have died before...