What is the test for a cost of care award in a motor vehicle accident?

British Columbia, Canada


The following excerpt is from Odian v. Carriere, 2016 BCSC 112 (CanLII):

A cost of care award requires the following factors to be considered: a) a plaintiff is entitled to be compensated for what is reasonably necessary for restoration to her pre-collision condition; b) the compensation is to provide what is reasonably necessary from an objective view that is based on relevant evidence to maintain and promote the plaintiff’s health; c) the future care items and their associated costs must likely be incurred; in making that assessment, past use or non-use is of assistance as to whether the award should be made; d) negative and positive contingencies must be considered; and e) the assessment is not a precise accounting exercise. Simmavong v. Haddock, 2012 BCSC 473 at paras. 124-128.

Other Questions


What is the difference between a motor vehicle accident and a subsequent motor vehicle collision? (British Columbia, Canada)
What is the test for determining whether a motor vehicle accident is an accident or an accident? (British Columbia, Canada)
Does loss of earning capacity award for a motor vehicle accident take into account factors which would have reduced income earning capacity even without the accident? (British Columbia, Canada)
In a motor vehicle accident involving a stolen vehicle, can the driver of the stolen vehicle be held liable for damages? (British Columbia, Canada)
What is the quantum of damages awarded in a motor vehicle accident case? (British Columbia, Canada)
What are the non-pecuniary damages awarded in a motor vehicle accident? (British Columbia, Canada)
What factors are considered to determine the quantum of damages awarded in a motor vehicle accident case? (British Columbia, Canada)
What is the test for establishing causation between a motor vehicle accident and a subsequent accident? (British Columbia, Canada)
What factors are considered to determine the quantum of non-pecuniary damages awarded in a motor vehicle accident? (British Columbia, Canada)
What is the test for a plaintiff to be awarded head of damages in her motor vehicle accident case? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.