14 Jul Passenger Injured in Car Accident Makes “In Trust” Claim

The case of Hauk v. Shatzko, 2020 BCSC 344, involved a Plaintiff who was a passenger in a significant accident.  Since the Plaintiff’s husband took on additional duties in their home that she was no longer able to do after the accident, she made an “In-Trust” claim.

When the court assesses an In-Trust claim, it will consider the following:

1. the services provided must replace services necessary for the care of the plaintiff as a result of a plaintiff’s injuries;
2. if the services are rendered by a family member, they must be over and above what would be expected from the family relationship;
3. the maximum value of such services is the cost of obtaining the services outside the family;
4. where the opportunity cost to the care-giving family member is lower than the cost of obtaining the services independently, the court will award the lower amount;
5. quantification should reflect the true and reasonable value of the services performed taking into account the time, quality and nature of those services. The damages should reflect the wage of a substitute caregiver. There should not be a discounting or undervaluation of such services because of the nature of the relationship; and,
6. the family members providing the services need not forego other income and there need not be payment for the services rendered.

The court agreed that the Plaintiff’s husband had provided exceptional support to her after the accident. In particular, he had significantly increased his share of the housekeeping and yard maintenance work.  While some of the husband’s efforts would be expected of a loving and supportive partner, he had gone above and beyond the call.

The court held that an In-Trust award of $10,000 was appropriate in these circumstances.