HomePersonal InjuryLoss of Housekeeping Capacity when the Injured Party is a Homemaker

Loss of Housekeeping Capacity when the Injured Party is a Homemaker

When you are injured and bring a claim for damages against the individual who injured you, one of the heads of damage you can claim is Loss of Housekeeping Capacity.

The purpose of this head of damages is to compensate the injured party for the loss they have suffered due to the restriction on their ability to carry out normal housekeeping tasks (Cox v Joyal, 1996 CanLII 19985 (ABQB)).

When the injured party is a full time homemaker, an unusual set of circumstances arises whereby they cannot claim loss of income. You may wonder how loss of housekeeping claims are impacted by these unique facts in Alberta.

The following list presents a brief summary of the case law in this area.

Alberta

Past Loss of Housekeeping: $500 – approx. $60,000

  • Average amongst these cases: $20,528

Future Loss of Housekeeping: $0 – $229, 181

  • Average amongst these cases: $29,777

Note: The best success seems to occur when the court is provided with a per week accounting of hours spent on each household task – hours then to be multiplied by the minimum wage of the jurisdiction (a mathematical approach).

 


Case: Delahay v Hodler, 2005 ABQB 283

Injuries: Rotator cuff injury to the right shoulder, efficiency to preform tasks compromised (not capability)

What was awarded?

General Damages inclusive of Past Loss of Housekeeping Capacity – $70,000 (less 20% for failure to mitigate)

Future Loss of Housekeeping Capacity – $15,000


Case: Hilliard v Grabinski, 1998 ABQB 427

Injuries: Strain to the pelvis, stretch to the right sacroiliac joint and symphysis

What was awarded?

Past Loss of Housekeeping Capacity – $5,000

Future Loss of Housekeeping Capacity – $10,000


Case: Schuppli v MacLean, 2010 ABQB 521

Injuries: 86 years old. Headache, back pain, hip pain, right leg weaknesses

What was awarded?

Past Loss of Housekeeping Capacity – $10,000

Future Loss of Housekeeping Capacity – $0


Case: Vershoor v AGT Ltd., 1999 ABQB 909

Injuries: Neck pain/soft tissue neck injury, headaches, right shoulder pain, back pain

What was awarded?

Past Loss of Housekeeping Capacity – $1,000/year – however the TJ would have accepted $65,649 (hours of housework x $11.34/hour) had it not been for the Plaintiff’s failure to mitigate/pre-existing conditions.

Future Loss of Housekeeping Capacity – $0


Case: Prefontaine v Martin, 2003 ABQB 541

Injuries: Minor injuries, headaches and neck pain, stay-at-home dad

What was awarded?

Past Loss of Housekeeping Capacity – $500

Future Loss of Housekeeping Capacity – $0


Case: Tat v Ellis, 1999 ABCA 12

Cite with caution – has been judicially distinguished

Injuries: Clavicle, pelvis, and cervical fractures; permanent cervical deformity; pain and suffering; PTSD

What was awarded?

Past Loss of Housekeeping Capacity – $13,434

  • TJ accepted the amount of $26,868 (at a rate of $6/hour) but reduced it for the help she was already receiving from family pre-accident

Future Loss of Housekeeping Capacity – $0


Case: McLaren v Schwalbe, CanLII 8908

Cite with caution – has been judicially distinguished

Injuries: Lower back pain/numbness, difficulty with sleep, osteoarthritis of the facet joints

What was awarded?

Past Loss of Housekeeping Capacity – $30,000

Future Loss of Housekeeping Capacity – $229, 181 (relying on Fobel for gross up of 20.4%)


Case: Moser v Derksen, 2002 ABQB 679

Injuries: Musculoligamentous injuries to neck and back, pre-existing conditions

What was awarded?

Past Loss of Housekeeping Capacity – $13,598.74 (at $12 per hour)

Future Loss of Housekeeping Capacity – $0


Case: Phillips v Rost, 1996 CanLII 10411 (ABKB)

Cite with caution – has been judicially distinguished

Injuries: Headache, neck pain (had to wear a neck brace), shoulder pain, arm pain, depression/mood disorder, memory issues

What was awarded?

Past Loss of Housekeeping Capacity – $49,160 ($CAN) + $7,080.5 ($US) + $9447.75 ($US)

Future Loss of Housekeeping Capacity – $13,814

2023-08-25T19:17:01+00:00April 18, 2023|Personal Injury|
Go to Top