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

British Columbia, Canada


The following excerpt is from Dulay v. Lachance, 2012 BCSC 258 (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, however, the award is reduced based on the prospect of improvement in the plaintiff’s condition or increased based on the prospect that additional care will be required. Each case falls to be determined on its particular facts: Gilbert v. Bottle, 2011 BCSC 1389 at para. 253. Here, as the plaintiff has not yet tried certain remedies, I decline to adjust for contingencies; further there was no evidence he was improving. There was only the certainty his osteoarthritis pain would continue.

Other Questions


What is the impact of a future care costs award for a plaintiff who has been diagnosed with multiple sclerosis? (British Columbia, Canada)
When will a court award a cost of future care award for a plaintiff? (British Columbia, Canada)
What is the impact of a future care costs award on a plaintiff’s mental health? (British Columbia, Canada)
What is the impact of a future care costs award on a plaintiff's ability to control her mental health? (British Columbia, Canada)
Is a plaintiff entitled to a future care award for the purposes of calculating future care costs? (British Columbia, Canada)
Is a plaintiff entitled to an award for costs of future care for a plaintiff who was injured in a motor vehicle accident? (British Columbia, Canada)
What is a plaintiff’s future care cost of future care award? (British Columbia, Canada)
If a plaintiff has not used an item of service in the past, is it appropriate to include that cost in the future cost award? (British Columbia, Canada)
What is the test for determining a future care award under the heading of cost of future care? (British Columbia, Canada)
In a personal injury action, is cost of future care a consideration in damages for future care costs? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.