If, as a result of your accident injuries, you are less able to do your household chores and yard maintenance activities and therefore someone else is having to pick up the slack, you may be entitled to compensation for loss of homemaking capacity.
Certainly, since the Alberta Court of Appeal’s 1994 Benstead v. Murphy decision, it has been settled law in our province that loss of homemaking capacity claims (both past and future) are legitimate and separate heads of damages in tort cases.
Wendy Benstead was injured in a rear-end motor vehicle accident, and consequently was rendered less able to perform some of her usual household chores and yard maintenance activities. As a result, she received extra, gratuitous assistance in the performance of these tasks from her mom (Ms. Miller), husband Paul and son Chad.
