Is a plaintiff’s mental health impairment a contributory factor in determining whether they are entitled to compensation for cleaning services provided to them?
British Columbia, Canada
The following excerpt is from Matthews v Wong, 2021 BCSC 237 (CanLII):
Housekeeping services have an economic value. The loss or impairment of a plaintiff’s capacity to perform them is, therefore, compensable: Harrington v. Sangha, 2011 BCSC 1035 at paras. 155–56.
The governing principles that apply to awards for loss or impairment of housekeeping capacity were summarised by Justice Newbury in Dykeman v. Porohowski, 2010 BCCA 36 at para. 29, where she noted that these claims must be carefully scrutinized.
There is no obligation to demonstrate that replacement housekeeping costs were actually incurred since the award reflects a loss of a personal capacity: O’Connell v. Yung, 2012 BCCA 57 at para. 67.
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