Can a trial judge ask for an estimate of future income loss for a child who was never considered to be an airline pilot?
British Columbia, Canada
The following excerpt is from Scarff v. Wilson, 1988 CanLII 180 (BC CA):
132 To say to a trial judge that he is able to calculate the value of loss of future earnings of one who planned to be an airline pilot, or of a small child whose potentialities are unknown, and then deny to him the opportunity of assessing the values of a few comparatively minor uncertainties set in the matrix of sophisticated expert evidence and agreements by counsel seems to me to be wrong. It is obvious that the trial judge must retain the large elements of discretion as mentioned in Lewis v. Todd. And, in the case at bar, I cannot fault Cumming J. for failing to make an estimate of the tax liability though I am certain from looking at his words that he was perfectly willing and able to do it had he not felt constrained by previous authority.
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