What is the test for a cost of future care claim?

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 84. However, it is not necessary that the specific items be approved by medical experts; the award may be based on the evidence as a whole, including evidence of the plaintiff, the medical opinions, the collateral evidence and the assistance of other reports on assistance required: Chiu v. Chiu, 2002 BCCA 618 at paras. 40-41, 8 B.C.L.R. (4th) 227.

Future care costs must be justified both because they are medically necessary and they are likely to be incurred by the plaintiff. The award of damages is thus a matter of prediction as to what will happen in the future. If a plaintiff has not used a particular item or service in the past it may be inappropriate to include its cost in a future care award: Izony v. Weidlich, 2006 BCSC 1315, at para. 74.