What is the test for determining whether a plaintiff’s future care costs will actually be incurred?
British Columbia, Canada
The following excerpt is from Moreira v Crichton, 2018 BCSC 1281 (CanLII):
The plaintiff testified that she intends to try the procedure but had not prior to the trial due to the cost. Awards for costs of future care must take into account whether an expense will actually be incurred. This was dealt with by our Court of Appeal in O’Connell v. Yung, 2012 BCCA 57, in the context of allowances for personal care and distinguishing that from awards for loss of housekeeping capacity. The court included the following comments in that decision:
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