What is the test for future care in the context of the BCAA?

British Columbia, Canada


The following excerpt is from Vespaziani v Lau, 2021 BCSC 1361 (CanLII):

The test for determining the appropriate award for the future care is objective and must be based on medical evidence. For an award of future care: (1) there must be a medical justification for claims for cost of future care; and, (2) the claims must be reasonable: Milina at 79; and Tsalamandris v. McLeod, 2012 BCCA 239 at paras. 62–63.

Other Questions


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)
In a personal injury action, is cost of future care a consideration in damages for 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)
What is the impact of past and future income loss on future income growth? (British Columbia, Canada)
Is there a case for a separate pecuniary award for loss of capacity for housekeeping assistance in the context of costs of future care? (British Columbia, Canada)
How have the courts in England and Canada assessed loss of future earning capacity in the context of marriage? (British Columbia, Canada)
What is a plaintiff’s future care cost of future care award? (British Columbia, Canada)
What is significant unfairness in the context of the BCAA? (British Columbia, Canada)
In the context of diminished earning capacity, what is the proper analysis of past and future diminished earnings capacity? (British Columbia, Canada)
What is the quantum of damages for future loss of capacity and cost of future care? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.