What is the current state of the law in Canada on survival of actions?
British Columbia, Canada
The following excerpt is from Lougheed Estate v Wilson, 2017 BCSC 1366 (CanLII):
In Canada, the notion that an action in tort dies with the person was lamented as being irrational. This eventually resulted in the development of survival of actions legislation in various jurisdictions. Survival legislation however varies between Canadian jurisdictions, specifically with regard to what causes of action survive, and what damages are available: see Grant v. Winnipeg Regional Health Authority, 2015 MBCA 44 at paras. 48-54.
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