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
The following excerpt is from Fuchser v. Wilson, 2012 BCSC 176 (CanLII):
In addition, future care costs must also be likely to be incurred by the plaintiff. The award of damages is thus a matter of prediction as to what will happen in future. If a plaintiff has not used a particular item or service in the past, it may be inappropriate to include its costs in a future care award: Izony v. Weidlich, 2006 BCSC 1315 at para. 74.
Future care costs must also be adjusted for future contingencies. Dickson J. said the following about adjusting future care awards for contingencies in Gilbert v. Bottle, 2011 BCSC 1389 at para. 253:
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