Research & Publications

Damages: Estimating Pecuniary Loss (Chapter 7)

by Cara L. Brown

Chapter 7 - Wrongful Death Cases

The principles used to assess loss of income in personal injury cases are also used for assessing dependency losses in wrongful death cases. Chapter 7 provides the additional analysis required to estimate wrongful death damages, focusing specifically on the determination of personal consumption rates not heretofor established in Canada. This analysis distinguishes between families with separate or joint financial arrangements, and it distinguishes families by income level. Also discussed are the interrelationship between loss of dependency on financial support and loss of dependency on household services; filial piety claims; and loss of inheritance. Detailed information is also provided regarding how to assess lost years claims i.e. estate claims for lost earnings. This information is especially relevant in Alberta. Finally, since loss of dependency awards typically require accompanying tax gross-up calculations, attention is given to how the literature views the tax gross-up, to the evidence and variables to consider when assessing tax gross-ups; and to general assumptions to apply in all such calculations.