An “In Trust’ claim is a claim for past services provided by friends and family. The courts allow a plaintiff to make a claim for these services, typically provided for free, as though they had been paid services.
As in, Bystedt v. Hay, 2001 BCSC 1735, the factors to be considered when making a claim for an “in trust” award are:
- the services provided must replace services necessary for the care of the plaintiff as a result of a plaintiff’s injuries;
- if the services are rendered by a family member, they must be over and above what would be expected from the family relationship (here, the normal care of an uninjured child);
- the maximum value of such services is the cost of obtaining the services outside the family;
- where the opportunity cost to the care-giving family member is lower than the cost of obtaining the services independently, the court will award the lower amount;
- quantification should reflect the true and reasonable value of the services performed taking into account the time, quality and nature of those services. In this regard, the damages should reflect the wage of a substitute caregiver. There should not be a discounting or undervaluation of such services because of the nature of the relationship; and
- the family members providing the services need not forego other income and there need not be payment for the services rendered.
What this means is that if family members or friends care for you following a car accident, you may be able to make a claim for those services, whether or not you actually paid for them. Many plaintiffs have limited economic means following a disabling injury and become more dependent on people close to them for help. In-trust awards can allow economically disadvantaged plaintiffs to make claims for their care.
In order to make a claim for these services, you must claim them in your Notice of Civil Claim. Also note that an In-Trust award is distinct from a claim for services provided by a paid professional, which must be claimed separately.
