In what circumstances will a husband be able to claim material damages against his wife for his wife's death?
Ontario, Canada
The following excerpt is from St. Lawrence & Ottawa Railway Co. v. Lett, 1884 CanLII 17 (ON CA):
In the case of Wilkins v. Day, 12 Q.B.D. 110, which is the last I have seen, the right of the husband was not even questioned. There was no evidence whatever of what may, be called “pecuniary,” as distinguished from “material” loss. As respects the children, there can be no doubt they sustain a material loss by the death of their mother, the amount of that loss is a question for the jury. It does appear to me to be an extraordinary state of the law to say that if a parent is rich the children sustain no loss because they inherit their mother’s wealth, and if she is poor they have no claim, because she had nothing to bequeath. In my opinion the appeal should be allowed.
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