What are the factors used in assessing an in-trust claim?
British Columbia, Canada
The following excerpt is from Naidu v. Mann, 2007 BCSC 1313 (CanLII):
Some of the factors to be considered in the assessment of an in-trust claim were reviewed in Brennan v. Singh, 1999 CanLII 6932 (BC SC), [1999] B.C.J. No. 520 at para. 95 (S.C.) (QL): (a) where the services replace services necessary for the care of the plaintiff; (b) if the services are rendered by a family member, here the spouse, are they over and above what would be expected from the marital relationship? (c) quantification should reflect the true and reasonable value of the services performed taking into account the time, quality and nature of those services. In this regard, the damages should reflect the wage of a substitute caregiver. There should not be a discounting or undervaluation of such services because of the nature of the relationship; (d) it is no longer necessary that the person providing the services has foregone other income and there need not be payment for such services.
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