What is the test for establishing a claim for the cost of future case?
British Columbia, Canada
The following excerpt is from Dial v. Grewal, 2010 BCSC 759 (CanLII):
[256] The test for establishing a claim for the cost of future case is set out in Milana v. Bartsch (1985), 1985 CanLII 179 (BC SC), 49 B.C.L.R. (2d) 33 (S.C.), where McLachlin J. (as she then was) said, at p. 84: 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.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a Workers’s Compensation Appeal Tribunal case, is there any case law that supports the argument that there is no case law in favour of a claim under the Employment Benefits Act? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Is there any case law or case law relating to an appellant's claim? (British Columbia, Canada)
Can a plaintiff set aside an order dismissing her claim for failure to attend a case management hearing and comply with case management orders? (British Columbia, Canada)
Is there any case law where the requesting state does not rely upon impugned information obtained in Canada to establish a prima facie case? (British Columbia, Canada)
What is the case law on establishing sufficient evidentiary record in cases involving s. 7 of the Charter? (British Columbia, Canada)
What is the test for establishing a claim for future loss of income earning capacity? (British Columbia, Canada)
Is there any case law supporting the argument that a claim is not a contractual claim? (British Columbia, Canada)
Is a claim for future care a pecuniary part of the claim? (British Columbia, Canada)
Is there any case law or case law that supports the claim that there are trade secrets or confidential information? (British Columbia, Canada)
