Future care costs are “justified” if they are both medically justified and likely to be incurred by the plaintiff. The award of damages is thus a matter of prediction as to what will happen to her. If the plaintiff has not used the particular item or service in the past, it may be inappropriate to include its cost of future care award. However, if the evidence shows that previously rejected services will not be rejected in the future, the plaintiff can recover such services: O’Connell v. Young, 2012 BCCA 57 at paras. 55, 60, 68-70.
In Dzumhur v. Davoody, 2015 BCSC 2316 at para. 244, Justice Kent summarized the principles applicable to the determination of cost of future care awards. Regarding what is “medically justified”, he stated:
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