Can a husband claim damages for his wife's loss of earnings?
Alberta, Canada
The following excerpt is from McNichol v. Mardell, 1983 CanLII 1015 (AB QB):
In Vana v. Tosta, 1967 CanLII 21 (SCC), [1968] S.C.R. 71, 66 D.L.R. (2d) 97, the husband claimed for damages to compensate for his loss of his wife’s earnings. The court allowed his claim, and recognized what the wife expended out of her own earnings to support herself was in the circumstances of a “moderate income family” a financial benefit, as the husband was not required to support her to that extent. It was found that she not only contributed to her own support, but also to the support of the family. Since the husband suffered a pecuniary loss, it was not relevant that he remained “a man in moderate circumstances” after her death.
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