Can a living plaintiff recover damages for lost years?
Nova Scotia, Canada
The following excerpt is from MacLean v. MacDonald, 2002 NSCA 30 (CanLII):
Second, English law was somewhat uncertain until Oliver v. Ashman as to whether a living plaintiff could recover damages for loss of earnings during the so-called “lost years”. However, it was generally accepted until 1978 that there could be no claim for loss of expected future earnings for the time after death in an action by personal representatives under the survival legislation. The same may be said of the Canadian position.
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