What is the test for an award under head of damage?
British Columbia, Canada
The following excerpt is from Crevier v. Thompson, 2015 BCSC 1552 (CanLII):
Defendant’s counsel referred to Peters v. Ortner, 2013 BCSC 1861, where the test for an award under this head of damage was summarized at paras. 141-145. The test is an objective one based on the medical evidence and there must be a medical justification for the award and the claims must also be reasonable. Such costs can be justified if they are “medically necessary and likely to be incurred by the plaintiff”.
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