What is the test for an award for future loss of income-earning capacity?

British Columbia, Canada


The following excerpt is from Naidu v Dhami, 2021 BCSC 668 (CanLII):

An award for future loss of income-earning capacity requires the plaintiff to prove that there is a real and substantial possibility of a future event leading to an income loss. Once that hurdle is crossed, the loss may be quantified by comparing the currently expected earnings stream to that which would have been expected, but for the accident, or on the footing of the damage to a capital asset caused by the plaintiff’s injuries; Perren v. Lalari, 2010 BCCA 140 at para. 32.

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