What is the test for a claim for loss of capacity in a nursing home?

British Columbia, Canada


The following excerpt is from Mohamud v. Yu, 2016 BCSC 1138 (CanLII):

A claim for loss of housekeeping capacity is for the loss of the value of work that the plaintiff would have performed, but which because of her injuries, she can no longer perform. The basis for such a claim is her loss of the ability to work in a manner that would have been valuable to herself, as well as to others. Because it is the loss of a capacity (an asset) that is compensated, such an award does not depend on whether replacement housekeeping costs are actually incurred. Despite this, an award may be quantified by assessing the cost to replace her services. Care must be taken not to compensate for more than can reasonably be said to have been lost: McTavish v. MacGillivray, 2000 BCCA 164. The same principle applies to past and future claims of this nature.

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