What is the test for determining an appropriate award for costs of future care?
British Columbia, Canada
The following excerpt is from Cook v Kang, 2020 BCSC 526 (CanLII):
Thus, the test for determining an appropriate award for costs of future care is “an objective one”, under which (i) “medical justification” must be shown for the items claimed, and (ii) the claims must be “reasonable”: Sendher at para. 193 citing Milina at p. 84. In Penner v. Insurance Corporation of British Columbia, 2011 BCCA 135 at para. 13, Newbury J.A. encouraged trial judges not to lose sight of “common sense” in assessing claims under this head, “however much they may be recommended by experts in the field”.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining a future care award under the heading of cost of future care? (British Columbia, Canada)
What is a plaintiff’s future care cost of future care award? (British Columbia, Canada)
In a personal injury action, is cost of future care a consideration in damages for future care costs? (British Columbia, Canada)
What is the test for determining the appropriate award for cost of future care for a plaintiff in a motor vehicle accident? (British Columbia, Canada)
What is the test for determining the appropriate award for cost of future care? (British Columbia, Canada)
What is the test for determining the appropriate award for the cost of future care? (British Columbia, Canada)
Is a plaintiff entitled to a future care award for the purposes of calculating future care costs? (British Columbia, Canada)
How is a future care cost award determined in a mental health case? (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)
In a personal injury case, is it appropriate to "ball park" an award for cost of future care? (British Columbia, Canada)
