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


The following excerpt is from Beaudoin v Fennell, 2019 BCSC 852 (CanLII):

The plaintiff cites Gignac v. Insurance Corporation of British Columbia, 2012 BCCA 351 at para. 29, for the proposition that “[t]he purpose of the award for costs of future care is to restore, as best as possible with a monetary award, the injured person to the position he [or she] would have been in had the accident not occurred.”

Citing Spehar v. Beazley, 2004 BCCA 290, the plaintiff submits that the level of care to be provided by a cost of future care award should reflect the reasonable or normal expectations of what the injured person will require.

The plaintiff submits based on O’Connell v. Yung, 2012 BCCA 57, that claims for loss of homemaking capacity and for future cost of care are distinct. Future cost of care is for the value of certain services that must now be rendered to the plaintiff and are directly related to the expenses reasonably expected to be required. A loss of homemaking claim is a loss of the value of work that the plaintiff is prevented from doing due to her injuries.

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