A-25, r. 10 - Regulation respecting lump-sum compensation for non-pecuniary damage

Section 9 Disposition versions

2012-09-01

9. In the event of the death of the victim, lump-sum compensation for non-pecuniary damage is determined in accordance with:

(1)  The provisions of Division II when the victim dies more than 12 months after the accident and permanent impairments sufficiently serious to correspond to a category of severity were medically foreseeable. Compensation is calculated on the basis of the impairments that the victim would have probably suffered on a permanent basis;

(2)  The provisions of Division III:

(a)  When the victim dies more than 24 hours after the accident but within 12 months thereof;

(b)  When the victim dies more than 12 months after the accident and it was medically foreseeable that no permanent functional or esthetic impairment would have been suffered or that the severity of the impairments would have been insufficient to entitle the victim to lump-sum compensation under the provisions of Division II.

O.C. 1370-2000, s. 9.