How is compensation for loss of homemaking capacity assessed?

Compensation for loss of homemaking capacity may be assessed either as non-pecuniary damages or a pecuniary loss of capacity. In McTavish v. MacGillivray, 2000 BCCA 164, Huddart J.A. explained: 68 In my view, when housekeeping capacity is lost, it is to be remunerated. When family members by their gratuitous labour replace costs that would otherwise be incurred or themselves incur costs, their work can be valued by a replacement cost or opportunity cost approach as the case may be. That value provides a measure of the plaintiff's loss. Like the trial judge I would prefer to characterize such compensation as general damages assessed in pecuniary terms, reserving special damages for those circumstances where the plaintiff actually spent money or incurred a monetary liability, although I do not wish to state a settled view on that question in the absence of full submissions as to the consequences of the distinction, if any. 69 A plaintiff who performed the tasks with difficulty or functioned with the tasks undone and never to be done will be compensated for that loss under the head of pain and suffering and loss of amenity, just as she would if she were to go to work every day, earning her regular wages, but suffer in the course of mitigating her loss.

In Kim v. Lin, 2018 BCCA 77, at para. 29-30 the Court of Appeal recognized the interdependent nature of non pecuniary and pecuniary compensation for loss of homemaking capacity and quotes the passage from Remedies: The Law of Damages: Where the plaintiff continues to perform the tasks but with difficulty, requires more time to complete tasks, or manages to get by without doing or intending to do these tasks, the loss may be compensated for as part of non-pecuniary damages for pain and suffering and loss of amenity. Specifically, compensation is intended for the plaintiff's pain in persevering with housework, loss of satisfaction in not contributing to the upkeep of one's home, and/or for having to live with a disordered and perhaps not a well-functioning home. There may be a fine line between situations of diminished capacity to perform tasks and when the plaintiff completes tasks with difficulty. Care needs to be taken in making these distinctions to ensure fairness to both plaintiff and defendant. A pecuniary award may be appropriate where the evidence indicates that a reasonable person in the plaintiff's circumstances should not be expected to continue to perform the tasks in question due to their injuries. Such a position avoids prejudicing plaintiffs who are stoic, or are unable to benefit from gratuitous services or afford to hire replacement services prior to trial. Cost of Future Care