Is a tortfeasor entitled to an award for the services of his mother and mother-in-law as a result of her negligence?
British Columbia, Canada
The following excerpt is from Senger v Graham, 2018 BCSC 257 (CanLII):
The same principle was expressed in Vana v. Tosta, 1967 CanLII 21 (SCC), [1968] S.C.R. 71, where one of the issues involved an award for the cost of future housekeeping services. The majority of the court stated at p. 75: It is trite law that a wrongdoer cannot claim the benefit of services donated to the injured party. In the present case it amounts in my judgment to conscripting the mother and mother-in-law to the services of the appellant and his children for the benefit of the tortfeasor and any reduction of the award on this basis is and was an error in principle.
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