What is the test for quantifying the value of a family member’s services in the context of an in-trust claim?
British Columbia, Canada
The following excerpt is from Wright v. Mistry, 2017 BCSC 239 (CanLII):
To guide courts when assessing in-trust claims, the court in Frankson v. Myre, 2008 BCSC 124 at para. 51 summarised the relevant factors: (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; (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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