What is the standard of reasonableness for special damages?

British Columbia, Canada


The following excerpt is from Hancott v. Barnes, 2015 BCSC 1308 (CanLII):

Claims for special damages are subject to a standard of reasonableness in the context of the injuries suffered: Redl v. Sellin, 2013 BCSC 581 at para. 55. Medical justification for an expense that relates to treatment aimed at promoting the plaintiff’s physical or mental well-being is a factor in determining whether it is reasonable. Subjective factors can also be considered, including whether the plaintiff believes the treatments were medically necessary. With respect to cost, the courts have been prepared to allow claims for expenses at the level of optimum care, although plaintiffs are not entitled to recovery for the cost of any procedure they believe will make them feel better.

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