What is the legal test for an award for cost of future care?

British Columbia, Canada


The following excerpt is from Mothe v. Silva, 2015 BCSC 140 (CanLII):

The legal principles governing an award for cost of future care were recently summarized by Mr. Justice Wong in Campbell v. Swetland, 2012 BCSC 423 at para. 198. The summary included the following: (a) there must be a medical justification for claims for cost of future care; (b) the expense should not be a squandering of money. In considering any particular item of future care, the test is whether a reasonably minded person of ample means would incur the expense; (c) the weight to be given to an opinion on future care will depend on the extent to which recommendations for things like psychological counseling and physiotherapy are supported by the evidence of experts within the relevant field of expertise; and (d) awards for cost of future care must be reasonable, both in the sense of being medically required and in the sense of being costs that, on the evidence, the plaintiff will be likely to incur.

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