Milliken v. Rowe

Milliken v. Rowe

Majority held the $30,000 portion of future care costs related to care for the plaintiff's husband was too remote because the need for that spousal care arose after the tort and was not a reasonably foreseeable 'real risk' at the time of the defendant's negligent act; appeal allowed to reduce future care award by...

Source-derived case information.

Citation
2012 BCCA 490
Parties
Respondent (plaintiff): Kerry Milliken; Appellant (defendant): Cameron Rae Rowe
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
6 December 2012
Procedural Posture
Negligence Motor Vehicle Accident / Appeal to Court of Appeal From Supreme Court of British Columbia
Outcome
Appeal allowed in part; reduce award for future care by $30,000
Legal Topics
Foreseeability, Remoteness, Future Care Costs, Loss of Homemaking Capacity, Non Pecuniary Damages, Causation
Source Language
english
Tort Negligence Damages Civil Procedure Foreseeability Remoteness Future Care Costs Loss of Homemaking Capacity +2 more

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Parties

Kerry Milliken

Respondent (plaintiff)

Cameron Rae Rowe

Appellant (defendant)

Procedural Posture

Negligence Motor Vehicle Accident / Appeal to Court of Appeal From Supreme Court of British Columbia

Legal Issues

  1. 1 Whether costs of plaintiff providing care for a spouse that arose after the tort are recoverable
  2. 2 Whether such costs are too remote/unforeseeable
  3. 3 Proper classification of such losses (future care costs v. non-pecuniary or homemaking)

Ratio Decidendi

Majority held the $30,000 portion of future care costs related to care for the plaintiff's husband was too remote because the need for that spousal care arose after the tort and was not a reasonably foreseeable 'real risk' at the time of the defendant's negligent act; appeal allowed to reduce future care award by $30,000.

Court Disposition

Appeal allowed in part; reduce award for future care by $30,000

Orders

  • Allow appeal in part and reduce the award for future care by $30,000
  • Otherwise uphold the trial judgment