What are the relevant factors to consider for an in-trust claim?

British Columbia, Canada


The following excerpt is from Provost v Bolton, 2018 BCSC 1090 (CanLII):

The relevant factors to consider for an in-trust claim are set out in Bystedt v. Hay, 2001 BCSC 1735 at para. 180, aff’d 2004 BCCA 124: (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. 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; 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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