What is the legal test for awarding future care for a person with dementia with dementia?
British Columbia, Canada
The following excerpt is from Wearne v Rosbergen, 2019 BCSC 1783 (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 84; and Tsalamandris v. McLeod, 2012 BCCA 239 at paras. 62–63.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If a person acts within their legal rights, is that person liable even if another person suffers a loss? (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)
What is a plaintiff’s future care cost of future care award? (British Columbia, Canada)
In a personal injury action, is cost of future care a consideration in damages for future care costs? (British Columbia, Canada)
Is a plaintiff entitled to a future care award for the purposes of calculating future care costs? (British Columbia, Canada)
What is the legal test for a personal representative to proceed in a personal injury proceeding? (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 legal test for an award under the heading of cost of future care? (British Columbia, Canada)
What is the legal test for an award for cost of future care? (British Columbia, Canada)
In a personal injury action, is the respondent entitled to a lump sum award of 90% of her legal expenses? (British Columbia, Canada)
