Tahir v. Mitoff, 2019 ONSC 7298

The plaintiffs in this case were family members of a deceased woman, who alleged medical malpractice by the defendants and claimed damages pursuant to the Family Law Act. Justice Wilson dismissed the action on the basis that negligence and causation were not proven. Justice Wilson went on to consider the claims for damages. For FLA loss of care, guidance, and companionship, she would have awarded the husband $50,000 and the two adult children $35,000. The husband’s claim was reduced from the amount claimed because there was evidence that the husband was abusive to the deceased on a number of occasions. The deceased estate would have received $10,000 for pain and suffering during her decompensation preceding death. In terms of the dependency loss claims, Justice Wilson noted that the deceased was a nurse at the hospital and earned the majority of the household’s income. She would have awarded $425,000 for the past loss of dependency and would have awarded around $422,890 for future loss of dependency, with adjustments for the anticipated retirement age of the deceased and age of the children’s dependency ending. In terms of HK services, Justice Wilson would have awarded $231,377.56, using an annual loss of services of $17,160.