Court Awards $100,000 For “In Trust” Claim

In Yik v. Johnson et al., the Plaintiff was a passenger who was seriously injured in a motor vehicle accident at an intersection when struck on the passenger side, and consequently brought an ICBC claim for damages, including pain and suffering, loss of income, loss of housekeeping capacity, cost of future care, and an in-trust claim. In addition to suing the owner and driver of the other vehicle, the Plaintiff also commenced litigation against her husband, who was the driver of the vehicle she was a passenger in. The Court awarded substantial damages to the Plaintiff, including $100,000 for an in-trust claim, ruling that her husband had spent a great deal of time with her since the accident to assist her, over and above what would normally be expected from a spousal relationship.

 

[175]     I have already found that Mr. Li has provided Ms. Yick with assistance and care that went far beyond that which would be expected from a normal marriage relationship. I note that Mr. Li has provided services for almost six years after the accident up to the date of trial. I am satisfied that Mr. Li’s assistance was necessary to permit Ms. Yick to function in the family home without outside assistance. The principles applying to an in trust award were not in dispute before me. All counsel agreed that some award was appropriate.

 

[176]     Taking all the evidence into account, in this case I am satisfied that as a result of Ms. Yick’s injuries, Mr. Li has provided her an average of at least three hours per day of assistance to Ms. Yick over and above that which would be expected from the normal spousal relationship. The assistance can reasonably be valued at $20 per hour. Given the length of time that has transpired since the accident this amounts to in excess of $100,000.

 

[177]     I award $100,000 for this category of damages.

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