I work on legal transcripts for a living. I really like my job. Sometimes I have to stop myself from going on about how much I like my job, because I like my friends, too, and I don’t want to lose them.
Last night, after work, I went out for dinner with the boy and another friend of ours. After I monopolized the conversation by droning on about my Grand Theory of High School English Class (short version: less Joseph Conrad, more Gossip Girl and comic books), my friend asked if I could still go home and read for fun after spending eight hours a day sitting and proofreading great swathes of text.
I said yes, because transcripts are full of bad prose. Likes, ums, uhs, you knows, rights, okays. Semantic satiation is a daily reality. Yesterday, I had to do a “find” on the word ‘So’ to check the consistency of my comma placement. By the time I got through the 179 appearances it made, looking at those two letters made me feel disoriented and slightly nauseous. What does ‘so’ mean, anyways?
But upon further reflection, it isn’t the bad prose that makes me want to go home and curl up in the fetal position with The Wonderful World of Og. The minutiae of what goes on in the legal world is petty, dull, and sad. There are fights over undertakings. There are the sore necks, the 6s on a pain scale of ten, the sexual frustration, the slip and falls. Perhaps worst of all, there are the seemingly endless losses of guidance, care, and companionship.
In Ontario, the “loss of guidance, care, and companionship” is defined by the Family Law Act. It is what it sounds like. It may come into play in wrongful death cases, in workplace injury cases, in car accident cases, etc. Essentially, it puts a monetary value on life’s intangibles.
However, some intangibles are worth more than others. There’s an article up on the Risk Management Counsel of Canada website that discusses the six-figure award for a loss of guidance, care, and companionship granted in the case of To v. Toronto Board of Education. The monetary award was given after a family’s first-born son died because of injuries sustained by an equipment malfunction in his high school gym class.
“Before To, awards for loss of guidance, care, and companionship of a child or sibling varied within a range, with the pendulum swinging towards one end or the other from time to time. Through the late 1990s, awards for loss of a child still living at home usually fell in the $20,000.00 to $40,000.00 range, with the occasional greater award in exceptional cases….
Then along came the Ontario Court of Appeal decision in To where the Court declined to roll back the jury’s award of $100,000.00 for each of the parents for loss of guidance, care, and companionship, and $50,000.00 for the sibling.”
(For the purposes of covering my bases, I should mention here that I have never worked on a transcript relating to this case, and the facts of the cases are a matter of public record.)
The author of this article says that the new figure doesn’t represent a “new baseline”, because the child was “exceptional”. S/he describes the son’s devotion and closeness to his family, his goals and academic achievement, and the cultural standards that Chinese families have for first-born males. “Clearly, Binh was somewhat of a dream child. The average teenager would not fit the description of Binh. Binh did not display the selfish, rebellious, and disrespectful behaviour that parents of other teenagers may note from time to time. “
After establishing the facts of the case, s/he writes about realistic defence strategies that will help insurance companies ensure that they don’t have to pay out sums that large:
“An effort must be made to establish that the deceased children of future claimants were not exceptional (if that is in fact the case). Understandably, following the death of a child, surviving parents and siblings may not have a realistic memory of the deceased child or their relationship with him or her. Through gentle, empathetic questioning, a realistic picture may be obtained at examinations for discovery. It may also be necessary to go to other sources such as teachers, school records, and coaches for a more accurate description.
… The decision in Rintoul [another legal precedent] may be relied upon as a more judicious starting point for exceptional cases and counsel may suggest that the court should move down from there when dealing with the loss of a child who could not be described as ‘exceptional’.”
I’m not a lawyer. I don’t know much about how these things work. But I know that I was not an “exceptional” teenager, at least not by the standards in this case. I took five years to get through high school. I failed grade 11 French. I showed up late for school consistently, fought with my sister a lot, returned library books late, and whined about going to church.
“Exceptional”, as this writer defines it, seems to mean following the rules very, very well. And nothing is more valuable in law than following the rules and being able to back up your rule-following with documents in triplicate.
I recently bought volume one of Tove Jaansen’s comic strip Moomin. Moomin’s story is about many of the wonderful and horrible things that happen when you don’t follow the rules. Perhaps to an even greater extent, Moomin’s story is one of a loss of guidance, care, and companionship. Throughout the course of this all-too-short collection, he mourns the loss of his beloved Moomin Mama and Moomin Papa, his girlfriend, and the life he loves.

But Moomin’s world changes quickly. Nothing stays bad for too long, and just when all seems lost, he once again finds care, guidance, and companionship in the most unexpected places. There’s always a boat just around the corner.
When I’m at work, I only hear about tragedy. I transcribe pages of human misery, and only rarely — if ever — do I hear stories about human resilience. The tape ends, and as far as I know, the deponent stays trapped in that misery forever. The lesson of Moomin’s world is that misery may be inevitable in this life, but it is also transient. Sorrow fades, and the pain gets displaced by trips to Hollywood, underground caves, and pirate treasure.
I’ve never been good with unfinished stories. When I go home at the end of a day of work, I read so that I can believe that there is meaning in this life, and that it is possible to “live in peace, plant potatoes, and dream,” the way Moomin does.
All we can ask for is a bit of rowing before we die.