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ARTICLE · 06 NOVEMBER 2019

Case Summary: Bomford v Bomford

The statutory benefit for bereavement payable to a parent or parents under the Fatal Accidents Act is not available to a parent who is at fault for the death of their child.

CanadaLitigation, Mediation & Arbitration

The statutory benefit for bereavement payable to a parent or parents under the Fatal Accidents Act is not available to a parent who is at fault for the death of their child.  

Bomford v Bomford, 2019 ABQB 529, per Schlosser, Master 

Facts + Issues

The Respondent, M. Bomford, was the driver of the vehicle in which his daughter was a passenger. M. Bomford’s negligence or gross negligence resulted in an motor vehicle accident in which his daughter lost her life. 

Subsection 8(2) of the Fatal Accidents Act (FAA) provides as follows:

8(2) If an action is brought under this Act, the court, without reference to any other damages that may be awarded and without evidence of damage, shall award damages for grief and loss of the guidance, care and companionship of the deceased person of

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