Hiring a ranch hand would not be compensating the plaintiff for something he lost as a result of the accident, and in my view it certainly is not properly claimable as a cost of future care item. In order to be claimable as such, there must be a medical justification for the claim and it must be moderate and fair to both parties. (See Milina v. Bartsch (1985), 1985 CanLII 179 (BC SC), 49 B.C.L.R. (2d) 33). Claims for assistance for necessary home maintenance that the plaintiff normally undertakes are often allowed under this head of damage, but this recommendation is not in the same category. It is more akin to hiring an assistant to enable the plaintiff and the assistant together to fulfil the plaintiff’s employment duties in order to maintain the income from that employment, while at the same time claiming the income as lost. Or, on another view, akin to hiring someone to help the plaintiff to enjoy a hobby.
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