What is the current state of the law on medical justification for medical expenses in personal injury cases?
British Columbia, Canada
The following excerpt is from Taylor v Peters, 2021 BCSC 2444 (CanLII):
This requirement of medical justification, as opposed to medical necessity “requires only some evidence that the expense claimed is directly related to the disability arising out of the accident, and is incurred with a view toward ameliorating its impact”: Harrington v. Sangha, 2011 BCSC 1035, at para. 151.
The question has often been framed as being whether a reasonably-minded person of ample means would be ready to incur a particular expense: Andrews v. Grand & Toy Alberta Ltd., 1978 CanLII 1 (SCC), [1978] 2 S.C.R. 229 at p. 245.
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