What is the test to apply when the court considers the cost of future care?

British Columbia, Canada


The following excerpt is from Hamilton v. Vance, 2007 BCSC 1001 (CanLII):

The test to be applied when the court considers awarding the cost of future care is set out by McLachlin J. at ¶198 to 199 in Milina v. Bartsch, as follows: […] The test for determining the appropriate award under the heading of cost of future care, it may be inferred, is an objective one based on medical evidence. These authorities establish: (1) that there must be a medical justification for claims for cost of future care; and (2) that the claims must be reasonable. […] The award for cost of care should reflect what the evidence establishes is reasonably necessary to preserve the plaintiff’s health.

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