What is the test for deducting future attendant care payments?

British Columbia, Canada


The following excerpt is from Hutchings v. Dow, 2007 BCSC 1085 (CanLII):

The plaintiff referred to the judgment of Shabbits J. in Yon v. Tardiff (1993) B.C.J. No. 2994 where he refused to deduct any future attendant care on the basis that the plaintiff in a court action should not be arbitrarily prevented from using his award for attendant care in his family’s home under the care of his family.

Other Questions


Does the parol evidence rule apply to a payment agreement where the payment agreement states that no refunds should be made unless the payment policy is less than one month's notice? (British Columbia, Canada)
In assessing future loss of earning capacity for loss of past and future earning capacity, what is the test for a loss of future earnings allowance? (British Columbia, Canada)
Is a plaintiff entitled to a future care award for the purposes of calculating 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)
How should a contingency deduction be calculated in assessing future income loss? (British Columbia, Canada)
Does a plaintiff have to prove that there is a real and substantial possibility of a future event attributable to negligence leading to a future loss of income? (British Columbia, Canada)
What is a plaintiff’s future care cost of future care 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)
What is the quantum of damages for future loss of capacity and cost of future care? (British Columbia, Canada)
What is the impact of past and future income loss on future income growth? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.