What is the test for cost of future care?

British Columbia, Canada


The following excerpt is from Woloschuk v Neuman, 2021 BCSC 940 (CanLII):

The test for determining the appropriate award for cost of future care is an objective one based on medical evidence. Awards for costs of future care must be both medically justified and reasonable – they must be both medically necessary and likely to be incurred by the plaintiff. The award of damages must be moderate and fair to both parties: Milina at 84; Riding-Brown v. Jenkins, 2014 BCSC 382 at para. 47.

Other Questions


Is a plaintiff entitled to a future care award for the purposes of calculating future care costs? (British Columbia, Canada)
What is the test for determining a future care award under the heading of cost of future care? (British Columbia, Canada)
Is a defendant entitled to a future care claim for future care costs? (British Columbia, Canada)
In a personal injury action, is cost of future care a consideration in damages for future care costs? (British Columbia, Canada)
What is a plaintiff’s future care cost of future care award? (British Columbia, Canada)
What is the test for calculating future care costs against future earnings? (British Columbia, Canada)
In assessing future loss of earning capacity for loss of past and future earning capacity, what is the test for a loss of future earnings allowance? (British Columbia, Canada)
Can recommendations made by a qualified health care professional support a cost of future care claim? (British Columbia, Canada)
What is the quantum of damages for future loss of capacity and cost of future care? (British Columbia, Canada)
Is it necessary for a plaintiff to advance a future cost of care claim, in a medical malpractice action, to have a physician testify to the medical necessity of each and every item of care? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.