What is the test for determining the cost of future care provided by a doctor in a motor vehicle accident case?
British Columbia, Canada
The following excerpt is from Mofazeli v Johnson, 2021 BCSC 1061 (CanLII):
Our Court of Appeal in Johal v. Meyede, 2014 BCCA 509 stated that in considering cost of future care, the trial judge should ensure (at para. 44): a) an “evidentiary link between the caregiver’s assessment of pain or disability and the recommended care”; b) “regard for the real and substantial possibility that the expense will be incurred” and that “an allowance for the contingency that the cost may not be incurred”; and c) “the specific amount awarded for each item claimed” is identified.
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