Is a plaintiff's right to hire someone to complete construction work on his house if he is unable to complete the project?

Manitoba, Canada


The following excerpt is from Williams v. Brocker et al, 2004 MBQB 211 (CanLII):

If, as a result of the accident, the plaintiff is unable to complete this project, he is entitled to compensation to allow him to hire someone to do so (Gehrmann v. Lavoie (1975), 1975 CanLII 166 (SCC), 59 D.L.R. (3rd) 634 (S.C.C.) at 637). The difficulty again is determining whether his disability in this regard is related to the accident. Clearly, the condition of the plaintiff’s knees has been a major factor in this regard. His movements are restricted - he cannot bend and climb ladders as he once did. While his upper body injuries may not prevent him from doing the cooking and laundry, they likely do restrict his ability to lift and perform tasks that require him to have upper body strength and raise his arms. He claims that where once he could hammer or chop wood all day, he can only do it now for 10 to 15 minutes a day. While this restriction would also be contributed to by his problems with his cervical spine degeneration, I find that his inability to complete these tasks is at least in part due to upper body injuries. While I acknowledge that the assessment of what degree of contribution these injuries have to this disability is somewhat arbitrary, I find that he is entitled to 25% of the amount that he has paid to date to complete construction on the house.

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