If a plaintiff has not used an item of service in the past, is it appropriate to include that cost in the future cost award?
British Columbia, Canada
The following excerpt is from Romanetz v Leone, 2016 BCSC 1750 (CanLII):
If a plaintiff has not used a particular item of service in the past, it may be inappropriate to include that cost in a future cost award: see Izony v. Weidlich, 2006 BCSC 1315 at para. 74.
Additionally, the claim must be reasonable and the award based on common sense: see Penner v. Insurance Corporation of British Columbia, 2011 BCCA 135 at paras. 12-14.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If a plaintiff has not used a particular item or service in the past, is it inappropriate to include its cost in the future care award? (British Columbia, Canada)
Is it inappropriate to make an award for services that a plaintiff has not used in the past or is unlikely to use in the future? (British Columbia, Canada)
Is a plaintiff entitled to a future care award where they have not used a particular service in the past? (British Columbia, Canada)
In assessing future loss of earning capacity for loss of past and future earning capacity, what is the test for a loss of future earnings allowance? (British Columbia, Canada)
Is a plaintiff entitled to a future care award for the purposes of calculating future care costs? (British Columbia, Canada)
What is the test for calculating future care costs for a plaintiff who has not used a particular service or product in the past? (British Columbia, Canada)
Is a plaintiff entitled to an award for costs of future care for a plaintiff who was injured in a motor vehicle accident? (British Columbia, Canada)
What is the test for determining the appropriate award for cost of future care for a plaintiff in a motor vehicle accident? (British Columbia, Canada)
What is a plaintiff’s future care cost of future care award? (British Columbia, Canada)
What is the range of future care costs for a plaintiff who has not used a particular service or product in the past? (British Columbia, Canada)
