ASSESSMENT OF DAMAGES - Deductions - Bars - Duplicative claims - Set-off

Law360 Canada ( March 9, 2018, 8:36 AM EST) -- Appeal by Diwell and AMS, and cross-appeal by Warick, from the award for future care costs in her personal injury action. Warick was involved in a 2009 motor vehicle accident, in which her husband and two friends died. Warick, 52 at the time of the accident, sustained spinal cord injuries that rendered her a paraplegic. She required six surgeries and suffered ongoing problems with pain. Her children came to live with her after she was released from hospital. One daughter restructured her post-secondary education to assist Warick. She also received no-costs assistance from Alberta Health for 17 hours per week. The trial judge believed this did not approach what a person of ample means would find reasonable, and found that Warick required 13 hours of care per day. He assessed the daughter’s overall contribution to be 12 hours per week, discounted the care provided by Alberta Health by 25 per cent based on its inferior quality to private care, and set these figures off against each other. He also accepted that the daughter’s care would at some point cease, while Warick’s needs would increase to 24 hours per day by the time Warick was 74. The resulting total award was $3,135,902....
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