Is a plaintiff entitled to claim the future cost of housekeeping and yard maintenance?
British Columbia, Canada
The following excerpt is from Duncan v Hanson, 2021 BCSC 937 (CanLII):
Regarding the plaintiff’s claim for the future cost of housekeeping and yard maintenance, it is clear that where an injury is suffered that would make a reasonable person in the plaintiff’s circumstances unable to perform usual and necessary household work—that is, where the plaintiff has suffered a true loss of capacity—that loss may be compensated by a pecuniary damages award. However, where the a loss is suffered 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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