Bill 198 Threshold Case > Housekeeping Not Subject to Threshold

Case Comment – Sabourin v. Dominion of Canada General Insurance Company (2009 Ontario Superior Court)

This new Bill 198 threshold case found that the plaintiff did not meet the threshold.  Brown, J. found there to be various credibility problems associated with the plaintiff.  This was a minor rear-end accident whereby the vehicle damage to the plaintiff’s car was $2,300.

The analysis of the threshold test is helpful and includes a review of the White Paper proceeding the legislation change.

Interesting, the defence sought a ruling that housekeeping damages were subject to the Bill 198 threshold.  After a thorough review of the issue, it was found that the tort claim for future housekeeping and house maintenance is not subject to the Bill 198 threshold.

The 42 year old (at Trial) plaintiff was awarded $70,250 for future housekeeping loss.  She was in a stable, long-term marriage with 10 and 11 sons.  They lived in Sturgeon Falls in a detached home that was 700 sq ft inside, with a 200 foot driveway and a lot measuring 75 x 300 feet.

The plaintiff performed 100% of the home maintenance work prior to the accident (indoor, outdoor, groceries, etc).  She presented a claim of approximately $580,000 for loss of housekeeping services to age 60 based on $14.34/hr.

The Trial Judge lowered the hourly rate to $13.60/hr and found that she had lost a 12.5% ability to perform her pre-accident housekeeping and home maintenance duties, thereby arriving at the award of $70,250 (12.5% residual ability multiplied by the claim of approx $580,000 = $70,250).

Gregory Chang
Toronto Insurance Litigation Lawyer