In Canada, the assessment of damages is a crucial aspect of civil litigation, ensuring that individuals receive appropriate compensation for the losses they have suffered. Loss of housekeeping, a component of damages in personal injury cases, pertains to the inability of an individual to perform domestic tasks due to an injury or other circumstances. This article delves into the concept of loss of housekeeping damages within the legal framework of Saskatchewan.
Understanding Loss of Housekeeping:
Loss of housekeeping encompasses a broad spectrum of domestic tasks, including cleaning, cooking, childcare, and other household responsibilities. When an individual sustains an injury that impedes their ability to perform these duties, they may seek compensation for the resulting loss. In personal injury cases, such damages aim to restore the injured party to the position they would have been in had the injury not occurred.
In Saskatchewan, the assessment of damages for loss of housekeeping follows established legal principles rooted in common law. The courts consider various factors, including the nature and extent of the injury, the impact on the individual’s ability to perform household tasks, and the duration of that impairment.
To elucidate the application of loss of housekeeping damages, it is instructive to examine relevant case law.
The English Court of Appeal in Daly v. General Steam Navigation Co. Ltd., [1980] 3 All E.R. 696, the court upheld a decision that a victim was entitled to be compensated in her own right for the loss she suffered – this was a loss of housekeeping function. The trial judge on that case, held that:
“I have considered first whether it is right to treat the plaintiff’s partial loss of housekeeping capacity as a separate head of damage, or whether it should be regarded only as one element in the loss of the amenities of life for which general damages have to be awarded.”
He continued:
“Having considered the matter, I have reached the conclusion that this disability should be treated as a separate head of damage. When a person in paid employment suffers a total or partial loss of earnings by reason of disability, such loss is invariably treated as a separate head of damage, with separate assessments of past and future loss. Where the person concerned is a housewife, who is disabled wholly or partly from doing housekeeping in her own home, she does not suffer an actual loss of earning, and unless a substitute is employed, she may not suffer any pecuniary loss at all. Nevertheless, she is just as much disabled from doing her unpaid job as an employed person is disabled from doing his paid one, and I think that she is, in principle, entitled to be compensated separately for the loss in a similar way.”
This case has been following in Saskatchewan, specifically by the Saskatchewan Court of Appeal in Fobel v. Dean, 1991 CanLII 3965 (SK CA). In that case the Saskatchewan Court of Appeal noted that:
“Daly is a convenient starting point in any consideration and definition of housekeeping capacity. In that case the trial judge compensated Mrs. Daly for impaired housekeeping capacity which included “ordinary housework such as ironing and vacuum-cleaning and making of beds”. He however noted that Mrs. Daly found it difficult to “exercise a proper supervision of her children and the consequent family difficulties have distressed her”. It is not apparent that the award for loss of future housekeeping capacity which appears to be based only on future domestic assistance (a factor that I choose to identify as “direct labour”) included compensation for those intangible elements of housekeeping capacity such as the care of the children and management of the household (the “management or indirect labour” factor). There is, however, recognition that the loss encompasses more than the simple replacement cost of domestic labour.”
Expanding on this definition, the Supreme Court of Canada in St. Lawrence & Ottawa Railway v. Lett (1885), 1885 CanLII 7 (SCC), 11 S.C.R. 422, recognized that household services included more than domestic services and included the “care and management of household” in an award of damages.
Significance and Implications:
The jurisprudence surrounding loss of housekeeping damages in Saskatchewan underscores the courts’ commitment to ensuring fair and adequate compensation for individuals who suffer injuries that impede their ability to maintain their households. By considering the unique circumstances of each case and adopting a nuanced approach to quantifying damages, the courts strive to uphold the principles of justice and equity.
Loss of housekeeping damages represents a crucial component of compensation in personal injury cases, serving to mitigate the adverse effects of injuries on individuals’ ability to maintain their households and lead fulfilling lives. In Saskatchewan, the assessment of such damages entails a thorough examination of the plaintiff’s familial input, including ordinary housework, care and management of the household, childcare, and other domestic work. By recognizing the significance of loss of housekeeping and adopting a holistic approach to quantifying damages, the courts are able to provide injured parties with compensation that does not meet the typical definitions of damages, like loss of income.
The information in this article does not constitute legal advice. The law may have changed since this article was first published. You should consult with your lawyer to confirm the current state of the law and obtain advice specific to your situation.