26 Oct Judge Awards Compensation for Loss of Housekeeping Capacity

The Plaintiff in Chai v. Greenwood, 2020 BCSC 1294, was a 46 year old casino pit manager. He suffered soft tissue injuries in a car accident which impacted his ability to do housework.

The Plaintiff lived with his father on one floor of their home, while his brother and family lived on another floor. Prior to the accident, the Plaintiff and his father divided the household duties. After the accident, the Plaintiff was unable to do a thorough clean of the home.  His older sister had to do this when she came to visit. She did not do this prior to the accident.

The Plaintiff sought compensation for his loss of housekeeping capacity. Our courts have held that a person whose ability to perform housekeeping is diminished should be compensated, including for work that other family members have gratuitously assisted with after the accident.

ICBC argued that no loss had been proven and characterized this as the type of assistance that family members typically give, so it was not compensable. The judge disagreed. The Plaintiff’s sister had taken over the work that the Plaintiff did for the home in which he and his father lived. It was not expected that one’s sibling would take over deep cleaning of one’s home indefinitely. It was also housework that the Plaintiff did to a particular level given his particular standards of cleanliness.

The judge held that this was an aspect of the Plaintiff’s non-pecuniary losses that was worthy of recognition and compensation.