Compensation for Loss to Both Spouses

Nichol v. Nichol | 2017 MBQB 144 | Manitoba Court of Queen's Bench

In Manitoba, the phrase “compensation for loss to both spouses” has been used to distinguish between awards which compensate for an injury itself as opposed to lost wages or earning capacity arising from that injury. Where the funds received are personal to the recipient and represent general damages, pain and suffering or other non-economic loss, the funds are not shareable. However, where the funds represent lost wages or loss of future earning capacity they are shareable.