What is the test for a claim for cost of future care?
British Columbia, Canada
The following excerpt is from Gray v. Fraser Health Authority, 2009 BCSC 269 (CanLII):
The purpose of awarding damages for the cost of future care is to compensate for a financial loss reasonably incurred to sustain or promote the mental and/or physical health of an injured plaintiff. The cost must be justified as reasonable in the sense of being medically required or justified, and in the sense that the plaintiff will be likely to incur them based on the evidence. In Kuskis, the court summarized the relevant principles in relation to a claim for cost of future care at paras. 163-164: An award for the cost of future care is notional and imprecise in nature: Strachan (Guardian ad Litem of) v. Reynolds, 2006 BCSC 362. The court must consider evidence regarding what care is likely in the injured person’s best interest and calculate its present cost, with appropriate adjustment for contingencies in all of the circumstances of the case: Courdin v. Meyers, 2005 BCCA 91.
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