What is the test for a claim for care, guardianship and companionship in the context of a young child's loss of a parent?
British Columbia, Canada
The following excerpt is from Roberts v Morgan, 2019 BCSC 2313 (CanLII):
The claim for care, guardianship and companionship is normally associated with a young child's loss of a parent, although it is not strictly limited to that class. For instance, in Lian v. Money Estate [citation omitted], an immigrant mother was dependent on her daughter for care and guidance in adjusting to the new world. However, that example is an exception that proves the rule, namely, that usually the head of damage compensates for the loss of the unique and usually irreplaceable role of a parent or close relative in nurturing and shaping another's life. In the present case, the dependency went the usual way: the son needed the mother to deal with life's circumstances.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the effect of a parent's decision not to consider the consequences of a child’s parents’ actions in the context of child support matters? (British Columbia, Canada)
Can a party who receives funds from a parent to their adult child to be considered a gift from the parent to the adult child have to prove that the transfer is a resulting trust? (British Columbia, Canada)
If a child of the marriage unilaterally terminated their relationship with the payor parent without good cause and there is evidence that the child is no longer a child, is this a factor in the finding that they no longer exist? (British Columbia, Canada)
How much contribution from each parent should each parent of a child be made to the child's education system? (British Columbia, Canada)
When a child is attending school away from home, is the child's child entitled to child support? (British Columbia, Canada)
What is the consequence if one parent deliberately prevents the other parent from exercising parenting time as stipulated in a parenting order? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
When a joint custody arrangement is in place and the 40% line has been crossed, is the joint parent required to contribute towards child care costs under s. 9 of the Child Support Guidelines? (British Columbia, Canada)
Can a retroactive award be made to a child's parents when the child is no longer in their care? (British Columbia, Canada)
When a parent provides funds to a child under the supervision of an adult child, does the child need to prove to the recipient that the gift was intended? (British Columbia, Canada)
