What is the test for damages for the cost of future care?
British Columbia, Canada
The following excerpt is from Klingsat v. Westminster Savings Credit Union, 2001 BCSC 1701 (CanLII):
The Plaintiff’s claims damages for the cost of future care. The test for such determination is set out by McLachlin J., as she then was, in Milina v. Bartsch (1985), 1985 CanLII 179 (BC SC), 49 B.C.L.R. (2d) 33 at 44(S.C.): The test for determining the appropriate award under the heading of cost of future care, may be inferred, as an objective one based on medical evidence. These authorities establish (1) that there must be a medical justification for claims for costs of future care and, (2) that the claims must be reasonable.
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