What is the test for calculating future care costs against future earnings?
British Columbia, Canada
The following excerpt is from Bissky v. Trottier, 1984 CanLII 883 (BC SC):
In Andrews v. Grand & Toy Alta. Ltd., 1978 CanLII 1 (SCC), [1978] 2 S.C.R. 229, [1978] 1 W.W.R. 577, 3 C.C.L.T. 225, 83 D.L.R. (3d) 452, 19 N.R. 50, 8 A.R. 182 (one of the trilogy), there is a discussion of the problem of duplication between future care costs and loss of future earnings. A plaintiff cannot recover the expense of providing basic necessities and also recover fully for prospective loss of earnings. Andrews suggests that the correct approach is to award future care costs on a gross basis (making no deduction in respect of basic necessities for which the plaintiff would have paid in any event), and then deduct the cost of such basic necessities when computing the award for loss of prospective earnings. I propose to adopt that method here.
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