What is the quantum of damages for an elderly man who suffers from multiple sclerosis?

British Columbia, Canada


The following excerpt is from Ho v Ip, 2019 BCSC 2220 (CanLII):

The award should be sufficient to ensure that he can live as complete and independent a life as reasonably attainable through an award of damages. See: Penner v. Insurance Corporation of British Columbia, 2011 BCCA 135, at para. 13.

Future care costs must take into account positive and negative contingencies. These contingencies include the possibility that a plaintiff may have suffered the expense of a service regardless of the collision because of advancing age: see Drodge v. Kozak, 2011 BCSC 1316. The measure of a future care award must be adjusted to reflect the specific care needs of a plaintiff; the assessment of those needs depends on medical evidence and opinions concerning the nature and duration of a required service.

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