MacDonald v. Duncan, 2015 ONSC 7135
Released November 17, 2015 | Decision
This is a case that marginally expands the upper limit of damages for loss of care, guidance, and companionship for the loss of an adult sibling. It also demonstrates that courts will be liberal in considering what relationships qualify for “enhanced” awards.
The deceased, Bernadette MacDonald, was a woman in her 50s. Her sisters were 60 and 62, respectively, by the time of trial. All three sisters were teachers. Bernadette MacDonald had lived in Ontario for 20 years, while her sisters lived in Nova Scotia. The defendant submitted that an appropriate award for each sister was between $5,000 and $10,000.
Justice Glass concluded that Bernadette MacDonald and her sisters maintained constant contact and were “closer than many families.” He awarded each sister $35,000 for loss of care, guidance, and companionship, which he noted took into account an enhancement to previous court awards. This was in recognition of the fact that the sisters were more than average siblings who sent Christmas cards and shared occasional phone calls.