Is companionship not a recoverable head of damages?
British Columbia, Canada
The following excerpt is from Roberts v Morgan, 2019 BCSC 2313 (CanLII):
. . . In my judgment, companionship is not a recoverable head of damages because such damages must necessarily be for the loss of the life of the deceased. This distinction was well identified by Parrett J. in Loyie v. Erickson Estate [citation omitted] where that learned judge reviewed the authorities and decided at 37 that "it is the loss of the 'services' of the deceased rather than the loss of the deceased himself which provides the theoretical framework for this type of award."
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a strata recover damages from a property owner who causes damage to common property or strata lot? (British Columbia, Canada)
Can an owner of a strata claim damages or recover property damages or loss of property value against another owner? (British Columbia, Canada)
What is the test for recoverable damages in medical malpractice cases? (British Columbia, Canada)
What is the test for determining whether a plaintiff’s claim for damages in a motor vehicle accident is recoverable on appeal? (British Columbia, Canada)
Is a plaintiff entitled to recover damages from a defendant for damage caused to his back? (British Columbia, Canada)
Is there any difference between the assessment of damages in lieu of specific performance and the amount of damages assessed at the date of judgment? (British Columbia, Canada)
What is the proper measure of damages for damages where a defect in a motor vehicle is not disclosed? (British Columbia, Canada)
What factors will be considered in determining entitlement to damages under the head of damage? (British Columbia, Canada)
In what circumstances will a court issue a special levy to repair a damaged or damaged property? (British Columbia, Canada)
What is the range of damages for damages awarded to a plaintiff who was injured in a dispute with her neighbour over noise and/or nuisance? (British Columbia, Canada)
