In 2006 Mr Wright, age 56, suffered dizziness & balance issues from being rear ended. This prevented him from doing basic household chores. Ms Lau, his common-law wife, took on most of the household chores, particularly in the year following the accident. In 2010 Mr W. stopped driving and Ms Lau took on the responsibility of driving him places.
Ms Lau continued to care for him until she moved to Toronto in 8 years after his accident. After this, she regularly returned to prepare meals for Mr W, assist him with shopping & stocking his apartment with household necessities.
Justice Choi awarded $65,000 to Mr W to compensate him for his loss of housekeeping capacity during the 10 years between his accident & his trial. This award reflected the amount of work Ms Lau had to do as a result of Mr W’s injuries.
In order to arrive at the amount of this component of his total award, the judge looked to what Mr W would have had to pay a housekeeper to do the work Ms Lau did.
This award was only available because the judge concluded that:
- Ms Lau did more work than would be reasonably expected of her as Mr W’s spouse,
- the work she did was necessary for the care of Mr W as a result of his injuries.
The judge also awarded Mr W:
- $110,000 for his pain and suffering;
- $80,000 for his past loss of income
- $1,274.20 for expenses related to treatment of his injuries &
- $12,500 for his cost of future treatment and care.
See: “Compensation for family members of the injured person” at http://www.icbcinjurylawyers.ca/compensationfamily.html
and the other blog regarding Mr W which is entitled:
“Judge awards $110,000 for pain & suffering to claimant with injury to his balance system & other injuries”