What standard of real and substantial risk applies to future care expenses?
Ontario, Canada
The following excerpt is from Higashi v. Chiarot, 2021 ONSC 8201 (CanLII):
The standard of real and substantial risk applies to future care expenses. The test for determining the appropriate award for future care costs is an objective one, based on medical evidence. To prove a claim for future care costs, the following conditions apply: (a) there must be medical justification for the claims; (b) the award must be fair and moderate; and (c) the claims must be reasonably necessary, having in mind personal circumstances: see Gray v. Macklin (2000), 4 C.C.L.T. (3d) 13 [2000] O.J. No 4603 at para. 213. Life care planners
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