What is the test for assessing the cost of future care?
British Columbia, Canada
The following excerpt is from Geddert v Stokes, 2021 BCSC 656 (CanLII):
The principles applicable to the assessment of cost of future care were recently summarized in Dzumhur v. Davoody, 2015 BCSC 2316. At para. 244 Mr. Justice Kent concluded that the purpose of any award is to provide physical arrangement for assistance, equipment and facilities directly related to the injuries. The focus on the injuries to the innocent party, but fairness to the other party is achieved by ensuring that the items claimed are legitimate and justifiable. Mr. Justice Kent recognized that the test for determining the appropriate award is an objective one based on medical evidence, but that the concept of "medical justification" is not the same or as narrow as "medically necessary", and specific items of future care need not be expressly approved by medical experts.
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