What is the test for loss of caregiving capacity in a personal injury action?
British Columbia, Canada
The following excerpt is from Cheng v Mangal, 2021 BCSC 954 (CanLII):
The plaintiff relies on Carmichael v. Kwon, 2016 BCSC 265, for the proposition that loss of caregiving capacity should be awarded because the plaintiff was looking after her husband at the time of the accident. However, Carmichael did not deal with the cost of caring for one’s spouse. In Carmichael, the court found that the plaintiff would incur costs associated with child care by hiring a nanny.
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