Is a plaintiff entitled to a future care award where they have not used a particular service in the past?
British Columbia, Canada
The following excerpt is from Dhaliwal v. Greyhound Canada Transportation Corp., 2015 BCSC 2147 (CanLII):
Future care costs must be justified both because they are medically necessary and they are likely to be incurred by the plaintiff. 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.
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