What is the difference between the total lifestyle approach for future care and the basic necessities?
British Columbia, Canada
The following excerpt is from Coulter v. Ball, 2002 BCSC 1740 (CanLII):
One method, the total lifestyle approach, awards the full award for future care with no deduction in respect to the provision of basic necessities. A percentage attributable to the necessities of a person in a normal state is then deducted from the award for loss of prospective earnings. This was the approach taken and endorsed in Andrews v. Grand & Toy Alberta Ltd. (1978), 1978 CanLII 1 (SCC), 83 D.L.R. (3d) 452 (S.C.C.).
The second method, the additional costs method, awards the full amount for loss of prospective earnings. The cost of basic necessities is from the future care award. The additional costs method was utilized in Arnold et al v. Teno et al (1978), 1978 CanLII 2 (SCC), 83 D.L.R. (3d) 609 (S.C.C.).
"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
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)
What is the test for a claim for future income loss under an earnings approach or capital asset approach? (British Columbia, Canada)
What is the cost of basic necessities, loss of prospective earnings and additional costs for loss of future earnings under a disability benefit? (British Columbia, Canada)
What is the difference between the earnings approach and the capital asset approach? (British Columbia, Canada)
What is the quantum of damages for future loss of capacity and cost of future care? (British Columbia, Canada)
Is it necessary for a plaintiff to advance a future cost of care claim, in a medical malpractice action, to have a physician testify to the medical necessity of each and every item of care? (British Columbia, Canada)
What is the capital asset approach to the loss of future earning capacity for a plaintiff? (British Columbia, Canada)
Is a physician or medical doctor required to testify to the medical necessity of a future care item? (British Columbia, Canada)
What is the difference between past and future loss of earning capacity? (British Columbia, Canada)
What is the test for determining a future care award under the heading of cost of future care? (British Columbia, Canada)
