Can a plaintiff recover for future care costs if they have not used a particular item or service in the past?

British Columbia, Canada


The following excerpt is from Mladjo v Etheridge, 2019 BCSC 950 (CanLII):

Future care costs must be both medically necessary and likely to be incurred by the plaintiff. If a plaintiff has not used a particular item or service in the past it may be inappropriate to include its cost in a future care award. However, if the evidence shows that previously rejected services will not be rejected in the future, the plaintiff can recover for such services: O’Connell v. Yung, 2012 BCCA 57, at paras. 54-61.

Other Questions


What is the range of future care costs for a plaintiff who has not used a particular service or product in the past? (British Columbia, Canada)
If a plaintiff has not used an item of service in the past, is it appropriate to include that cost in the future cost award? (British Columbia, Canada)
If a plaintiff has not used a particular item or service in the past, is it inappropriate to include its cost in the future care award? (British Columbia, Canada)
What is the test for calculating future care costs for a plaintiff who has not used a particular service or product in the past? (British Columbia, Canada)
Is a plaintiff entitled to a future care award where they have not used a particular service in the past? (British Columbia, Canada)
Is a plaintiff entitled to a future care award for the purposes of calculating future care costs? (British Columbia, Canada)
What is a plaintiff’s future care cost of future care award? (British Columbia, Canada)
In a personal injury action, is cost of future care a consideration in damages for future care costs? (British Columbia, Canada)
Is a plaintiff entitled to an award for costs of future care for a plaintiff who was injured in a motor vehicle accident? (British Columbia, Canada)
Is there any common law case law that states that a person who receives compensation for their services is subject to an onerous obligation to perform their services at all costs of service? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.