What is the test for an award for future cost of care?
British Columbia, Canada
The following excerpt is from Lewis v Gibson, 2018 BCSC 1713 (CanLII):
An award for future cost of care is based upon a prediction of the medical and non-medical services that will likely be in the plaintiff's best interests. As stated in Krangle v. Brisco, 2002 SCC 9, 1 S.C.R. 205: "No one knows the future. Yet the rule that damages must be assessed once and for all at the time of trial (subject to modification on appeal) requires courts to peer into the future and fix the damages for future care as best they can": at para. 21.
"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
Is a plaintiff entitled to a future care award for the purposes of calculating 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 a plaintiff’s future care cost of future care award? (British Columbia, Canada)
When will a court award a cost of future care award for a plaintiff? (British Columbia, Canada)
What is the medical justification standard for awarding future care awards? (British Columbia, Canada)
Is a defendant entitled to a future care claim for future care costs? (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 legal test for an award of future care under the heading of cost of care? (British Columbia, Canada)
What is the quantum of damages for future loss of capacity and cost of future care? (British Columbia, Canada)
What is the impact of a future care costs award for a plaintiff who has been diagnosed with osteoarthritis? (British Columbia, Canada)
