What is the test for compensation for loss of homemaking capacity?
British Columbia, Canada
The following excerpt is from Klingler v Lau, 2019 BCSC 1776 (CanLII):
Compensation for loss of homemaking capacity is distinct from compensation for cost of future care. Both can be awarded when supported by the evidence. An award for loss of homemaking capacity is intended to reflect the value of the work that would have been done by the plaintiff but which he or she is incapable of performing due to the injuries caused by the accident. It is not dependent upon whether replacement costs are actually incurred. However, a cautionary approach is to be taken in assessing damages for loss of homemaking capacity to ensure the award is commensurate with the loss. See Westbroek v. Brizuela, 2014 BCCA 48, at paras. 72-78.
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