What is the test for damages for past and future loss of housekeeping capacity?
British Columbia, Canada
The following excerpt is from Elpel v Glover, 2018 BCSC 1404 (CanLII):
In her closing submissions, the plaintiff based her claim for damages for past and future loss of housekeeping capacity on the principles stated by Huddart J.A. in McTavish v. MacGillivray, 2000 BCCA 164. There, the trial judge found the plaintiff no longer performed many household tasks and it was necessary for her husband and one of her sons to take over much of the housekeeping work she had formerly performed. The trial judge assessed the value of plaintiff’s loss of past and future housekeeping capacity by reference to the cost of replacement services. In upholding the trial judge’s approach, Huddart J.A. observed at para. 62 that: 62 . . . The services provided by the [plaintiff] lend themselves to evaluation by replacement cost because, as the trial judge recognized, others performed them.
"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
In assessing future loss of earning capacity for loss of past and future earning capacity, what is the test for a loss of future earnings allowance? (British Columbia, Canada)
What is the impact of loss of future earning capacity on future earnings capacity? (British Columbia, Canada)
What is the range of damages for loss of capacity for housekeeping capacity in a care home? (British Columbia, Canada)
In assessing future loss of earning capacity for loss of past and future earning capacity, what allowances must be made and the award must be fair? (British Columbia, Canada)
When assessing future earning capacity, when assessing loss of future earnings capacity, has the court ever considered a loss of income projection or projection? (British Columbia, Canada)
What is the quantum of damages for future loss of capacity and cost of future care? (British Columbia, Canada)
What is the range of factors used in determining damages for a plaintiff’s loss of future earning capacity under the capital asset method? (British Columbia, Canada)
Is there any case law that supports the argument that past loss of earning capacity affects future earning capacity? (British Columbia, Canada)
Is loss of housekeeping capacity compensated as part of assessment of non-pecuniary damages? (British Columbia, Canada)
In the context of diminished earning capacity, what is the proper analysis of past and future diminished earnings capacity? (British Columbia, Canada)
