Is a plaintiff entitled to a claim for future care giving costs?

Mr. Justice Donald addressed claims for future care giving costs in Milliken v. Rowe, 2012 BCCA 490 at paras. 52-57. Although in dissent, he explained at para. 56 the distinction between future caregiving services and loss of capacity claims: I conclude that when the capacity to provide care to an ill or disabled family member is impaired by accident-related injuries, it is a loss of the plaintiff’s personal capacity and is not dependent on whether replacement costs are in fact incurred prior to trial. Claims for future caregiving costs, on the other hand, are directly related to services that will reasonably be expected to be provided to compensate the plaintiff’s impaired caregiving capacity in the future, based on need and opportunity. The fact that the plaintiff’s future supplemented or replaced caregiving directly benefits her family is irrelevant.