How are future medical costs calculated in a Canadian injury claim?
Future care costs are the present value of all reasonably necessary future medical, rehabilitation, and attendant care expenses. An occupational therapist prepares a Cost of Future Care report itemizing annual costs, and an economist discounts the total to present value using the statutory discount rate (2.5% net in Ontario under Rule 53.09).
What is a Cost of Future Care report?
It is an expert report, usually by an occupational therapist or life-care planner, itemizing every future need: medication, therapy, assistive devices, home modifications, attendant care, and replacement of equipment. It forms the evidentiary basis for the future care head of damages.
What discount rate applies to future care in Ontario?
Ontario Rule 53.09(1) prescribes a 2.5% net discount rate for future pecuniary damages (0.5% for the first 15 years for income loss). The net rate accounts for investment returns minus inflation, so future costs are reduced to a present lump sum.
Are future medical costs capped in Canada?
No. Unlike non-pecuniary general damages (capped at roughly $430,000 by the Supreme Court of Canada trilogy), future care costs are fully recoverable with no cap, provided they are proven reasonably necessary by expert evidence.
Can I claim future care if I have public health coverage?
Yes. You can claim privately funded care, treatment not covered by provincial health plans, private therapy, medications, and attendant care. Amounts recoverable through OHIP or other public plans are generally excluded to avoid double recovery.