What is the legal test for an award of future care under the heading of cost of care?
British Columbia, Canada
The following excerpt is from Kania v Evans, 2021 BCSC 797 (CanLII):
The test for determining the appropriate award under the heading of cost of future care is an objective one based on medical evidence. For an award of future care: (1) there must be a medical justification for claims for cost of future care; and (2) the claims must be reasonable: Milina at para. 84; Tsalamandris v. McLeod, 2012 BCCA 239 at paras. 62–63.
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