Is there a case for a separate pecuniary award for loss of capacity for housekeeping assistance in the context of costs of future care?
British Columbia, Canada
The following excerpt is from Nikkhah v Batin, 2019 BCSC 2223 (CanLII):
Duplication in the award must be avoided. Where potential costs for housekeeping assistance are awarded, in the context of costs of future care, then the case for a separate pecuniary award for loss of housekeeping capacity is lessened and perhaps eliminated, depending on the specific facts of the case. In this case a minor award for housekeeping assistance has been made. See also Tench v. Van Bugnum, 2019 BCSC 1877 where the plaintiff was awarded damages for cost of future care and loss of housekeeping capacity, recognizing “a gap...between the level of support provided for by the cost of future care award and her loss of capacity”: at para. 238.
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