ICBC Claims and Childcare Costs

In a recent Supreme Court of British Columbia decision, the courts confirmed that Child Care Costs could be claimed and are separate from claims for Loss of Housekeeping Capacity:

http://www.courts.gov.bc.ca/jdb-txt/sc/16/02/2016BCSC0265.htm

The plaintiff in this case was a young woman who shared childcare duties with her former partner. She was injured in two separate motor vehicle accidents. Among other injuries she suffered injuries to her hips, including: chronic synovitis, early degeneration, and a torn labrum; she was likely to require hip replacement surgery within 5 to 10 years and revision surgeries later on. The plaintiff had already been given a substantial award for Loss of Housekeeping Capacity of $112,000. The defence argued that this award would cover Child Care Costs, and no separate award for Child Care Costs was necessary. In distinguishing the 2 awards, the judge stated:

“On a similar basis, I consider the plaintiff is entitled to an award which compensates her for the future costs she will incur in caring for her children. It is not seriously disputed that she will need support to care for her children in the period prior to and immediately after her first hip replacement surgery. The defendants implicitly suggest that homemaking services will be sufficient. However, in my view, while homemaking services need to be accounted for to ensure that there is no duplication of services, certain of the services that the plaintiff will require relate solely to the care of her children and are in addition to the homemaking services she will require.”

The judge awarded the injured party $40,500 to compensate her for likely childcare costs. This case is important as it recognizes the economic costs of an inability to perform child care duties and the specific burden a parent has.

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