What is the test for determining whether a plaintiff’s loss of ability to do household work can be classified as a non-pecuniary head of damages?
British Columbia, Canada
The following excerpt is from Sharma v Bhullar, 2020 BCSC 379 (CanLII):
Where a plaintiff suffers an injury which would make a reasonable person in the plaintiff’s circumstances unable to perform usual and necessary household work—i.e., where the plaintiff has suffered a true loss of capacity—that loss may be compensated by a pecuniary damages award. Where the plaintiff suffers a loss that is more in keeping with a loss of amenities, or increased pain and suffering, that loss may instead be compensated by a non-pecuniary damages award. It lies in the trial judge’s discretion whether to address the claim as a part of the non-pecuniary loss or as a segregated pecuniary head of damages: Kim v. Lin, 2018 BCCA 77 at para. 33.
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