What is the test for calculating the cost of future care for an injured person?

British Columbia, Canada


The following excerpt is from Kuskis v. Hon Tin, 2008 BCSC 862 (CanLII):

An award for the cost of future care is notional and imprecise in nature: Strachan (Guardian ad Litem of) v. Reynolds, 2006 BCSC 362. The court must consider evidence regarding what care is likely in the injured person’s best interest and calculate its present cost, with appropriate adjustment for contingencies in all of the circumstances of the case: Courdin v. Meyers, 2005 BCCA 91.

In making an award for future care costs the court must take into account both what is medically required and what expenses the plaintiff will likely incur. Items and services that the plaintiff is unlikely to use in the future cannot be justified as reasonably necessary aspects of the cost of future care: Izony v. Weidlich, 2006 BCSC 1315.

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