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