What is the impact of a future care costs award for a plaintiff who has been diagnosed with multiple sclerosis?

British Columbia, Canada


The following excerpt is from Tait v Lemon, 2022 BCSC 4 (CanLII):

The extent, if any, to which a future care costs award should be adjusted for contingencies depends on the specific care needs of the plaintiff. In some cases, negative contingencies are offset by positive contingencies and, therefore, a contingency adjustment is not required. In other cases, the award is reduced or increased depending on the prospects for an improvement or deterioration in the plaintiff’s condition leading to a change in future care needs. Each case falls to be determined on its particular facts: Gilbert v. Bottle, 2011 BCSC 1389 at para. 253.

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