The recent decision of the New Brunswick Court of Appeal in Higgins v. Arseneau, 2019 NBCA 21, will be of interest for anyone involved with fatality claims in New Brunswick. The Court upheld the trial decision dismissing a claim brought on behalf of siblings for loss of inheritance arising out of the accidental death of their sister, Caroline Higgins. The Court held that the correct legal test for a loss of inheritance claim in a fatal accident case is whether the claimants had a reasonable expectation of pecuniary benefit which was frustrated by the premature death.
New Brunswick Court of Appeal Rejects Loss of Inheritance Claim Under Fatal Accidents Act in Absence of Proof of Reasonable Expectation of Inheriting
May 2019 Cox & Palmer, Newbrunswick