How much is the companionship of your loved ones worth? To many, it’s simply priceless.
Unfortunately, as little as monetary damages may compensate the aggrieved, a price tag must be affixed to each claim in a lawsuit.
In Canada compensatory damages for the loss of companionship are capped at a modest amount compared with damages awarded in other common law jurisdictions, particularly certain US states.
In Fiddler v. Chiavetti*, the Ontario Court of Appeal ruled that claims of loss of guidance, care and companionship are treated different than other non-pecuniary general damages in personal injury cases; however, the appropriate amount of such damages must nonetheless be based on a range derived from an examination of like claims in like circumstances.
The Court of Appeal cited To v. Toronto Board of Education,^ a case involving claims of loss of companionship. In To, the assessment of $100,000 was viewed as being at the high end of an accepted range for companionship damages in 1992 when the To accident occurred. After consumer price index adjustments, the Court of Appeal came to the conclusion that $125,000 was the appropriate amount in 2005 at the time of the accident.
*[2010] ONCA 210
^(2001), 55 O.R. (3d) 641 (C.A.)
Note: Please keep in mind that this article is provided for information and educational purposes. It does not constitute legal advice and should not be regarded as such. The law may have changed since the publication of the article.
