Loss of Companionship "Services" in BC Wrongful Death Claims


There is a general prohibition preventing damages being awarded for “loss of companionship” in BC Wrongful Death lawsuits.  However, if the companionship can be characterized as a “service” which can be quantified and needs replacement damages can be awarded.  This was demonstrated in the arbitration decision of NN, DN and MEN v. ICBC which I summarize in my continued efforts to create a searchable ICBC UMP claims database.
In NN, DN and MEN v. ICBC, the Claimant’s spouse was killed in a motor vehicle collision.  The at fault driver was uninsured.  The Claimant sought damages under BC’s Family Compensation Act.  It was agreed that the Claimants were insured for UMP coverage with ICBC.  The parties agreed to have damages assessed though private UMP arbitration.
At the time of his death the deceased was separated from his spouse for many years.  Despite this he had a good relationship with her.  She suffered from vascular dementia and lived in a group home.  He visited her on a daily basis and took her out and spent time with her.  She sought damages for “loss of companionship services“.  ICBC opposed arguing nothing was recoverable as “loss of spousal companionship is not a compensable head of damage in a family compensation claim“.
Arbitrator Donald Yule agreed that while the “loss of spousal companionship” prohibition exists, it does not extend to services.   Arbitrator Yule accepted expert evidence that these companionship services were “important to (the spouse’s) quality of life” and assessed damages for this lost service at $35,000.  In doing so Arbitrator Yule provided the following helpful reasons:
52.   This case helps to clarify that it is the “services” aspect of the deceased’s conduct that is compensable.  It does not mater that the service is motivated by love and affection for a spouse.  Household services are also motivated by care and affections.  The replacement of them is clearly compensable.  Mrs. N’s claim is for compensation services, not merely the loss of companionship.  In Bianco Estate the claim was for loss of companionship only.  The plaintiffs were seeking an “at large” lump sum award.  Hence, the issue as to whether the award was pecuniary or non-pecuniary.  There was no attempt in  that case to attach an economic value or cost to the lost services aspect of companionship.  The judgement at paragraph 12 seems to leave open the possibility of a compensable claim where substitute or replacement services result in an actual pecuniary loss.
53.  It seems to me that one aspect of Mr. N’s companionship is the loss to Mrs. N., in terms of the pleasure and comfort that derives from the continuing association with a long time friend and spouse.  That loss is irreplaceable; no economic value can be attached to it and it is not compensable.  That is the solatium aspect.  But another aspect of MR. N’s companionship is the loss to Mrs. N. of having someone to take her out of the Lodge on a daily basis; to encourage and facilitate her maintaining mobility as long as possible; to provide a ‘break’ from the institution; to provide an opportunity to supplement her food intake; and to provide social stimulation to the extent she is able to participate in it.  This is a loss that can be provided by substitute services….There is certainly a health and medical benefit aspect to these services.

bc injury law, Donald Yule, Family Compensation Act, Loss of Companionship, Loss of Companionship Services, Loss of Services, NN DN and MEN v. ICBC, Wrongful Death Claims

Comments (95)

  • I just want to tell you that I’m newbie to blogging and site-building and definitely enjoyed you’re web-site. Likely I’m want to bookmark your website . You amazingly come with remarkable well written articles. With thanks for sharing with us your blog.

  • I just want to mention I’m beginner to blogging and site-building and seriously enjoyed you’re web blog. Probably I’m planning to bookmark your blog post . You actually have remarkable article content. Regards for sharing your blog site.

  • I have been browsing on-line more than three hours today, yet I by no means discovered any fascinating article like yours. It’s beautiful value sufficient for me. Personally, if all webmasters and bloggers made excellent content as you probably did, the web will probably be much more useful than ever before. “Baseball is 90 percent mental. The other half is physical.” by Lawrence Peter Berra.

  • naturally like your website however you need to test the spelling on several of your posts. Many of them are rife with spelling problems and I to find it very troublesome to inform the reality then again I’ll surely come again again.

  • Hi there, just became alert to your blog through Google, and found that it is really informative. I am gonna watch out for brussels. I will be grateful if you continue this in future. Lots of people will be benefited from your writing. Cheers!

  • Thanks for another excellent post. Where else could anyone get that type of info in such an ideal manner of writing? I’ve a presentation next week, and I’m on the look for such info.

  • I have learned some significant things through your blog post. One other subject I would like to convey is that there are several games out there designed specially for toddler age youngsters. They contain pattern acknowledgement, colors, wildlife, and shapes. These commonly focus on familiarization in lieu of memorization. This will keep children and kids occupied without having a sensation like they are studying. Thanks

  • You really make it seem so easy with your presentation but I find this matter to be actually something that I think I would never understand. It seems too complicated and very broad for me. I am looking forward for your next post, I will try to get the hang of it!

  • Its like you read my mind! You appear to know so much about this, like you wrote the book in it or something. I think that you can do with a few pics to drive the message home a little bit, but instead of that, this is magnificent blog. An excellent read. I’ll certainly be back.

  • A different issue is really that video gaming became one of the all-time largest forms of recreation for people of nearly every age. Kids engage in video games, and adults do, too. The actual XBox 360 is probably the favorite video games systems for people who love to have hundreds of activities available to them, plus who like to experiment with live with other folks all over the world. Many thanks for sharing your ideas.

  • Thank you for the sensible critique. Me & my neighbor were just preparing to do some research about this. We got a grab a book from our local library but I think I learned more clear from this post. I’m very glad to see such excellent info being shared freely out there.

  • I’m impressed, I have to say. Actually not often do I encounter a weblog that’s both educative and entertaining, and let me let you know, you have got hit the nail on the head. Your idea is outstanding; the issue is something that not sufficient individuals are speaking intelligently about. I am very pleased that I stumbled throughout this in my seek for one thing regarding this.

  • Unquestionably imagine that that you stated. Your favourite reason seemed to be at the internet the easiest thing to bear in mind of. I say to you, I certainly get irked at the same time as folks think about issues that they plainly don’t realize about. You controlled to hit the nail upon the highest as smartly as defined out the entire thing with no need side effect , other people can take a signal. Will likely be back to get more. Thank you

  • I like the helpful info you provide in your articles. I’ll bookmark your blog and check again here frequently. I’m quite certain I’ll learn many new stuff right here! Best of luck for the next!

  • You made some first rate factors there. I appeared on the internet for the problem and found most individuals will go together with with your website.

  • Woah! I’m really loving the template/theme of this site. It’s simple, yet effective. A lot of times it’s very hard to get that “perfect balance” between user friendliness and visual appeal. I must say you’ve done a amazing job with this. Also, the blog loads super fast for me on Opera. Exceptional Blog!

  • Thanks , I’ve recently been looking for information about this subject for a long time and yours is the best I have discovered so far. However, what about the conclusion? Are you certain about the supply?

  • Thanks for some other great article. Where else may anyone get that kind of information in such a perfect manner of writing? I have a presentation next week, and I’m on the search for such information.

  • Youre so cool! I dont suppose Ive learn something like this before. So nice to find anyone with some unique ideas on this subject. realy thank you for beginning this up. this web site is one thing that is wanted on the web, someone with a bit of originality. useful job for bringing one thing new to the internet!

  • Great article. It is unfortunate that over the last ten years, the travel industry has already been able to to take on terrorism, SARS, tsunamis, flu virus, swine flu, as well as first ever true global recession. Through all of it the industry has really proven to be sturdy, resilient as well as dynamic, discovering new ways to deal with hardship. There are often fresh troubles and possibilities to which the marketplace must just as before adapt and act in response.

  • excellent post, very informative. I wonder why the other experts of this sector don’t notice this. You must continue your writing. I’m confident, you’ve a huge readers’ base already!

  • certainly like your website however you have to test the spelling on quite a few of your posts. A number of them are rife with spelling issues and I find it very bothersome to tell the reality however I will certainly come back again.

  • Thanks for discussing your ideas. The first thing is that learners have a solution between national student loan plus a private student loan where it is easier to go with student loan online debt consolidation than over the federal education loan.

  • This web page is really a stroll-by for the entire data you wanted about this and didn’t know who to ask. Glimpse here, and you’ll positively discover it.

  • Woah! I’m really digging the template/theme of this blog. It’s simple, yet effective. A lot of times it’s difficult to get that “perfect balance” between superb usability and visual appearance. I must say that you’ve done a very good job with this. Additionally, the blog loads super quick for me on Safari. Excellent Blog!

  • I’m truly enjoying the design and layout of your site. It’s a very easy on the eyes which makes it much more enjoyable for me to come here and visit more often. Did you hire out a developer to create your theme? Outstanding work!

  • Hiya very nice blog!! Man .. Beautiful .. Amazing .. I’ll bookmark your blog and take the feeds additionally¡KI am satisfied to seek out so many helpful info right here within the submit, we want develop extra techniques in this regard, thanks for sharing. . . . . .

  • I think this is among the most important info for me. And i am glad reading your article. But wanna remark on few general things, The site style is ideal, the articles is really nice : D. Good job, cheers

  • Nice post. I used to be checking constantly this blog and I am inspired! Very useful information specially the ultimate section 🙂 I take care of such info much. I used to be looking for this certain info for a very long time. Thank you and good luck.

  • Awsome article and right to the point. I don’t know if this is really the best place to ask but do you folks have any ideea where to hire some professional writers? Thx 🙂

  • Aw, this was a very nice post. In idea I would like to put in writing like this moreover – taking time and actual effort to make an excellent article… but what can I say… I procrastinate alot and on no account appear to get one thing done.

  • Thank you sharing these types of wonderful blogposts. In addition, the perfect travel as well as medical insurance approach can often relieve those fears that come with traveling abroad. Any medical crisis can rapidly become extremely expensive and that’s guaranteed to quickly set a financial impediment on the family finances. Setting up in place the best travel insurance bundle prior to setting off is definitely worth the time and effort. Thanks a lot

  • you’re truly a excellent webmaster. The site loading velocity is incredible. It seems that you’re doing any unique trick. In addition, The contents are masterwork. you have performed a wonderful process on this topic!

  • I believe that avoiding prepared foods is a first step in order to lose weight. They might taste great, but packaged foods currently have very little vitamins and minerals, making you feed on more simply to have enough power to get through the day. If you’re constantly taking in these foods, converting to cereals and other complex carbohydrates will let you have more power while ingesting less. Good blog post.

  • of course like your web site but you have to take a look at the spelling on quite a few of your posts. A number of them are rife with spelling problems and I find it very bothersome to tell the reality nevertheless I’ll surely come again again.

  • Good web site! I truly love how it is easy on my eyes and the data are well written. I’m wondering how I might be notified when a new post has been made. I have subscribed to your feed which must do the trick! Have a great day!

  • Whats Happening i am new to this, I stumbled upon this I’ve discovered It positively useful and it has aided me out loads. I hope to give a contribution & assist different customers like its helped me. Great job.

  • I would like to thank you for the efforts you have put in writing this web site. I am hoping the same high-grade web site post from you in the upcoming as well. In fact your creative writing skills has inspired me to get my own web site now. Really the blogging is spreading its wings rapidly. Your write up is a good example of it.

  • I’m just writing to let you know of the notable encounter my child had going through your web page. She realized such a lot of details, most notably how it is like to have an amazing teaching spirit to have many people effortlessly completely grasp a variety of complex subject areas. You really surpassed people’s desires. Thank you for imparting the beneficial, dependable, edifying and even cool tips about that topic to Janet.

  • Definitely consider that which you stated. Your favorite reason appeared to be on the internet the easiest thing to be mindful of. I say to you, I definitely get annoyed at the same time as people consider worries that they plainly don’t know about. You managed to hit the nail upon the top and defined out the entire thing without having side-effects , other folks could take a signal. Will probably be back to get more. Thank you

  • When I originally commented I clicked the “Notify me when new comments are added” checkbox and now each time a comment is added I get four e-mails with the same comment. Is there any way you can remove people from that service? Cheers!

  • I wanted to construct a remark to be able to say thanks to you for these marvelous advice you are placing at this website. My time-consuming internet search has at the end been paid with wonderful know-how to talk about with my close friends. I ‘d admit that we website visitors are very much blessed to be in a magnificent network with very many brilliant people with useful things. I feel quite blessed to have discovered your entire website and look forward to many more cool minutes reading here. Thank you once again for all the details.

  • What i do not realize is actually how you’re not actually much more well-liked than you may be now. You’re so intelligent. You realize thus significantly relating to this subject, made me personally consider it from a lot of varied angles. Its like men and women aren’t fascinated unless it is one thing to do with Lady gaga! Your own stuffs outstanding. Always maintain it up!

  • of course like your web site but you have to check the spelling on quite a few of your posts. Several of them are rife with spelling problems and I find it very bothersome to tell the truth nevertheless I’ll certainly come back again.

  • Hi there very nice blog!! Man .. Excellent .. Amazing .. I will bookmark your blog and take the feeds additionally…I am glad to find numerous useful info right here in the submit, we want work out extra techniques in this regard, thanks for sharing.

  • Hmm it looks like your website ate my first comment (it was super long) so I guess I’ll just sum it up what I had written and say, I’m thoroughly enjoying your blog. I as well am an aspiring blog writer but I’m still new to the whole thing. Do you have any suggestions for novice blog writers? I’d certainly appreciate it.

  • Hey would you mind sharing which blog platform you’re working with? I’m going to start my own blog in the near future but I’m having a hard time choosing between BlogEngine/Wordpress/B2evolution and Drupal. The reason I ask is because your design seems different then most blogs and I’m looking for something unique. P.S Sorry for getting off-topic but I had to ask!

  • A person essentially help to make seriously articles I would state. This is the very first time I frequented your web page and thus far? I surprised with the research you made to create this particular publish extraordinary. Excellent job!

  • Thanks for discussing your ideas in this article. The other matter is that whenever a problem comes up with a computer motherboard, individuals should not take the risk involving repairing that themselves for if it is not done properly it can lead to permanent damage to the whole laptop. It is almost always safe to approach a dealer of your laptop for any repair of the motherboard. They’ve got technicians with an expertise in dealing with pc motherboard difficulties and can make right analysis and execute repairs.

  • Hello there, just became aware of your blog through Google, and found that it is truly informative. I’m gonna watch out for brussels. I will appreciate if you continue this in future. A lot of people will be benefited from your writing. Cheers!

  • I have acquired some new items from your web-site about computer systems. Another thing I’ve always thought is that computers have become a product that each household must have for several reasons. They offer convenient ways in which to organize households, pay bills, search for information, study, listen to music and even watch tv programs. An innovative strategy to complete many of these tasks is by using a mobile computer. These pcs are portable ones, small, powerful and portable.

  • Thank you for any other informative blog. The place else may I am getting that kind of info written in such an ideal approach? I’ve a undertaking that I am just now operating on, and I have been at the look out for such information.

  • Thank you for any other informative site. Where else may just I am getting that kind of info written in such a perfect approach? I have a undertaking that I am simply now running on, and I have been at the glance out for such info.

  • Thank you, I have recently been searching for information about this subject for ages and yours is the greatest I’ve discovered till now. But, what about the bottom line? Are you sure about the source?

  • Hey there! I’m at work browsing your blog from my new iphone 4! Just wanted to say I love reading through your blog and look forward to all your posts! Carry on the great work!

  • Whats up are using WordPress for your site platform? I’m new to the blog world but I’m trying to get started and set up my own. Do you require any coding expertise to make your own blog? Any help would be really appreciated!

  • Yesterday, while I was at work, my sister stole my apple ipad and tested to see if it can survive a 30 foot drop, just so she can be a youtube sensation. My iPad is now broken and she has 83 views. I know this is entirely off topic but I had to share it with someone!

  • Hey! Would you mind if I share your blog with my myspace group? There’s a lot of folks that I think would really appreciate your content. Please let me know. Cheers

  • Good ¡V I should definitely pronounce, impressed with your web site. I had no trouble navigating through all the tabs and related information ended up being truly easy to do to access. I recently found what I hoped for before you know it at all. Reasonably unusual. Is likely to appreciate it for those who add forums or anything, website theme . a tones way for your customer to communicate. Excellent task..

  • Pretty section of content. I just stumbled upon your weblog and in accession capital to assert that I get actually enjoyed account your blog posts. Anyway I’ll be subscribing to your feeds and even I achievement you access consistently rapidly.

  • I found your weblog web site on google and examine a few of your early posts. Continue to maintain up the very good operate. I just extra up your RSS feed to my MSN News Reader. Searching for ahead to reading more from you afterward!…

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

Disclaimer