Our goal as South Surrey ICBC car accident injury lawyers is to maximize the money damages awards our clients get for pain and suffering and economic loss whether it be lost income, cost of medical care or even the loss of the ability to do household tasks.
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At MacLean Personal injury our Surrey personal injury team is highly experienced in obtaining justice for our clients and developing a cogent strategy to ensure you get the maximum money damages award to help you move on with your life.
South Surrey ICBC Car Accident Injury Lawyers Explain Compensation for Loss of HouseKeeping Capacity
Inability to do household tasks is a compensable loss that we want our clients to be well aware so dollars are left on the table that you should have fairly received.
In the case of Savoie v. Williams, the Plaintiff was extremely dedicated to the maintenance of her house and care of her family. As a result of injuries she suffered in a motor vehicle accident, she was unable to do housework to the same extent she had done previously and was no longer the “super mom” as described by her family.
ICBC’s position was Ms. Savoie was not entitled to any compensation in this area because there was no medical opinion that she was completely unable to do her housework.
In rendering his decision, the Honourable Mr. Justice Johnston commented that this argument “misses the point”. The evidence at trial was that Ms. Savoie was someone who expended considerable energy and took great pride in her household activities including cleaning her house, maintaining her yard, cooking, and even cleaning the vehicles. She was in essence, extremely “house-proud”.
The court reviewed the relevant caselaw and specifically the Court of Appeal`s decision in McTavish v. MacGillivray (2000) for the settled proposition that “when housekeeping capacity is lost, it is to be remunerated”. Johnston J. summarized that there is a potential for unfairness if household tasks are treated as mere hobbies or pastimes and considered as a non-pecuniary loss. Such an approach devalues housework and contradicts the economic value which is placed on such work.
Although the Plaintiff led no evidence about how any of the household services could be valued, the court found this was not a barrier to assessing loss of housekeeping for Ms. Savoie. At paragraph, Justice Johnston made an award for loss of housekeeping capacity as follows:
 I find that Ms. Savoie was initially unable to perform some household tasks. I find that she has recovered some of her ability to do household tasks but with some difficulty and some adjustments to accommodate her changed physical abilities.
 I do not read either Kroeker or McTavish as preventing me from assessing damages for this aspect of Ms. Savoie’s loss as though it were a loss of amenity. Indeed, I interpret para. 69 of McTavish, quoted above, as inviting that approach.
 I do not accept the Third Party’s invitation to incorporate an award for loss under this head into non-pecuniary damages. Such an approach would leave the parties with no understanding of the reasoning or result of my findings.
 Largely because Ms. Savoie’s pre-accident approach to housekeeping was such that it was more a pleasure than a task to her, and her loss in this regard is more acute than many others might have experienced, I award $20,000 for loss of housekeeping capacity.
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If you are hurt get medical treatment first then promptly call us. It’s not about the money. It’s about justice then it’s about the money. Call us now at 604-576-5400. You’ll be glad you did.