What is the test for an application to have a defendant father's claim for damages arising out of his actions as a carer?
British Columbia, Canada
The following excerpt is from Cory v. Cory, 2015 BCSC 1253 (CanLII):
The defendant father cites the case of Antrobus v. Antrobus, 2009 BCSC 1341 in support of his application to have this claim dismissed under Rule 9-7. In that case it was stated by the trial judge at para. 185 that: It is part of family life that family members assist one another - perhaps pitching in to help out younger siblings or aging parents, or helping with meal preparation and household chores. Children, teenagers, and young adults living with their parents are often expected to do their share in keeping the household running. Working together for the common good of the family, spending time to help other family members, without any expectation of monetary compensation, is generally part of the meaning “family”. It is not the norm, and the law does not contemplate, that family members will do a forensic accounting during their lifetimes and make sure no one was disadvantaged in the overall exchange of services.
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