When is the deadline for fatal accidents act claim - two years from discovery?
The catalogue records a 2 years period from Day on which the person bringing the action first knew or ought reasonably to have known that the wrongful act, neglect or default of the tortfeasor caused the death or contributed to the cause of death of the deceased. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 2 years
- Trigger
- Day on which the person bringing the action first knew or ought reasonably to have known that the wrongful act, neglect or default of the tortfeasor caused the death or contributed to the cause of death of the deceased
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
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This route remains in preparation until a pinpoint official source is recorded.
- Section 15 confers a narrow, conditional extension: no application may be made under s 12 by a person already barred, but where the application to appoint an administrator of the deceased tortfeasor's estate is made not earlier than three months before expiry, the judge may, if he or she thinks it just, extend the time for bringing an action by a period NOT EXCEEDING ONE MONTH. There is no other extension power. Never compute an extension.
- Corrected on verification: the researched catalogue cited 'Fatal Accidents Act, RSNB 1973, c F-7, s 8(4)(a)'. That Act was REPEALED on 1 March 2013 by RSNB 2012, Schedule A. The provision in force is s 22(1)(a) of the Fatal Accidents Act, RSNB 2012, c 104, and the extension power is now s 15, not s 5(4). This is a specific statutory limitation period which, by Limitation of Actions Act, SNB 2009, c L-8.5, s 4(1), prevails over the general Act. Section 8(1): only one action lies under the Act in respect of the death. Section 8(3.1): if the deceased could not have sued at death by reason of lapse of time, the dependants are barred too.