Wife Has No Claim Against Husband’s Estate for Husband’s Negligent Death

Mr. Hubley died in a car accident caused by his own negligent driving. Following her husband’s death, Mrs. Hubley made a claim against her husband’s estate for the loss of her husband’s earnings, retirement pension benefits, care, guidance, and companionship she incurred as a result of her husband’s death.

Mrs. Hubley appealed to the Court of Appeal after her claims were dismissed. In Hubley v. Hubley Estate 2011, the Prince Edward Island Court of Appeal agreed with the lower court, framing the issue as being whether Mrs. Hubley was owed a prima facie duty of care by Mr. Hubley to protect himself from injury or death. The court held that finding a duty of care under the situation presented would result in far-reaching policy consequences.

See Paul E. Trudelle, Claim Against Husband’s Estate for Damages Arising from Negligent Death of Husband, Toronto Estate Law Blog, Nov. 29, 2011.

Special thanks to Jim Hillhouse (WealthCounsel) for bringing this article to my attention.