How has the trial judge determined the individual share of family expenses in a personal injury case?
Alberta, Canada
The following excerpt is from Rewcastle Estate v. Sieben, 2003 ABCA 172 (CanLII):
To give effect to that principle, the trial judge proceeded to determine the deceased’s individual share of the family expenses by taking 45.4% (her individual portion of the expenses) of 72.8% (the joint family expenses) resulting in 33.05%. This deduction is very close to that put forward in Duncan v. Baddeley and is reasonably supported by the evidence. We find no basis to interfere with his calculation of damages for loss of future earnings or the deduction he made to arrive at that figure. 4. Pre-judgment interest
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