Car Accidents and Broken Engagements: Claims for "Loss of Opportunity of Family Income"

By Kathryn R. Taylor, Associate at Paine Edmonds LLP, Vancouver Personal Injury Lawyer

In a recent decision of the BC Supreme Court, Mr. Justice Wong dismissed a plaintiff’s claim for “loss of opportunity of family income” arising out of a potential marriage. In Campbell v. Swetland, 2012 BCSC 423, the plaintiff was involved in a serious motorcycle accident in which she sustained significant physical injuries, including a traumatic brain injury. Before the accident, the plaintiff’s partner had asked her to marry him and she said “yes”.

After the accident, the plaintiff became confrontational and difficult to live with, and her partner broke off the engagement. The plaintiff sought $250,000 for loss of opportunity of family income arising out of the potential marriage. Wong J. dismissed the claim for loss of opportunity of family
income on the basis that it was unsubstantiated or speculative at best.