What is the range of damages for loss of homemaking capacity?

British Columbia, Canada


The following excerpt is from Wiles v Seabrook, 2019 BCSC 13 (CanLII):

In Kim v. Lin, 2018 BCCA 77, at para. 29-30 the Court of Appeal recognized the interdependent nature of non pecuniary and pecuniary compensation for loss of homemaking capacity and quotes the passage from Remedies: The Law of Damages: Where the plaintiff continues to perform the tasks but with difficulty, requires more time to complete tasks, or manages to get by without doing or intending to do these tasks, the loss may be compensated for as part of non-pecuniary damages for pain and suffering and loss of amenity. Specifically, compensation is intended for the plaintiff's pain in persevering with housework, loss of satisfaction in not contributing to the upkeep of one's home, and/or for having to live with a disordered and perhaps not a well-functioning home. There may be a fine line between situations of diminished capacity to perform tasks and when the plaintiff completes tasks with difficulty. Care needs to be taken in making these distinctions to ensure fairness to both plaintiff and defendant. A pecuniary award may be appropriate where the evidence indicates that a reasonable person in the plaintiff's circumstances should not be expected to continue to perform the tasks in question due to their injuries. Such a position avoids prejudicing plaintiffs who are stoic, or are unable to benefit from gratuitous services or afford to hire replacement services prior to trial. Cost of Future Care

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