What is the law of in trust claims?
British Columbia, Canada
The following excerpt is from Iwanik v. Hayes, 2011 BCSC 812 (CanLII):
The law of “in trust” claims is set out in Bystedt v. Hay, 2001 BCSC 1735 at para. 180, aff’d 2004 BCCA 124. The six relevant factors are: a) the services provided must replace services necessary for the care of the plaintiff as a result of a plaintiff’s injuries; b) if the services are rendered by a family member, they must be over and above what would be expected from the family relationship; c) the maximum value of such services is the cost of obtaining the services outside the family; d) where the opportunity cost to the care-giving family member is lower than the cost of obtaining the services independently, the court will award the lower amount; e) quantification should reflect the true and reasonable value of the services performed taking into account the time, quality and nature of those services; and f) the family members providing the services need not forego other income and there need not be payment for the services rendered.
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