What is the test for assessing damages for gratuitous services provided by a member of the same family?

British Columbia, Canada


The following excerpt is from Midgley v. Nguyen, 2013 BCSC 693 (CanLII):

In assessing damages under this head, the authorities mandate that the court must carefully scrutinize the gratuitous services provided by the family member. A relatively minor adjustment of duties within a family will not justify a discrete assessment of damages: Campbell v. Banman, 2009 BCCA 484 at para. 19. In Dykeman at para. 29, Newbury J.A. cautioned that: Instead, claims for gratuitous services must be carefully scrutinized, both with respect to the nature of the services – were they simply part of the usual ‘give and take’ between family members, or did they go ‘above and beyond’ that level? – and with respect to causation – were the services necessitated by the plaintiff’s injuries or would they have been provided in any event? [Emphasis in original]

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