Damages for loss of homemaking capacity are conceptually distinct from other heads of damage and this award may be given both prospectively and retrospectively: McTavish v. MacGillivray, 2000 BCCA 164. Our Court of Appeal affirmed that the law in respect of loss of housekeeping or homemaking capacity is conceptually distinct from costs of care in O’Connell at para. 67: … As I understand the principle, it is the loss of a capacity – an asset – that is compensated. Accordingly, because the award reflects the loss of a personal capacity, it is not dependent upon whether replacement housekeeping costs are actually incurred. Damages for the cost of future care serve a different purpose from awards for loss of housekeeping capacity. Unlike loss of housekeeping capacity awards, damages for the cost of future care are directly related to the expenses that may reasonably be expected to be required (Krangle at para. 22)…
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