Is a plaintiff entitled to a future care award for the purposes of calculating future care costs?
British Columbia, Canada
The following excerpt is from Christensen v Jand, 2018 BCSC 1294 (CanLII):
Future care costs are “justified” if they are both medically necessary and likely to be incurred by the plaintiff. The award is thus a matter of prediction as to what will happen in the future. 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 (able to be) rejected in the future, the plaintiff can recover for such services: Izony v. Weidlich, 2006 BCSC 1315 at para. 74; O’Connell v. Yung, 2012 BCCA 57 at paras. 55, 60, and 68-70.
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