What is the test for a claim for past loss of income?
British Columbia, Canada
The following excerpt is from Dornan v Stephens, 2019 BCSC 701 (CanLII):
A claim for past loss of income is to be addressed on the basis of a lack of capacity, rather than as a mathematical formula. While pre-accident earnings are evidence of the value of earning capacity, they do not prescribe its value, and the overall fairness and reasonableness of an award must be considered, taking all relevant circumstances into account: Ibbitson v. Cooper, 2012 BCCA 249 at para. 19.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
What is the test for advancing a claim under a plaintiff’s right to claim for diminished income? (British Columbia, Canada)
Are expenses claimed against commission income or self-employment income for child and spousal support purposes? (British Columbia, Canada)
Is a self-employed real estate agent who receives income through his Personal Preference Tax Credit (PTC) entitled to income from a spouse's pre-tax income? (British Columbia, Canada)
Is a party’s income for income tax purposes considered income for purposes of determining child support obligations? (British Columbia, Canada)
What grounds can be used to impute income under the Income Tax Guidelines? (British Columbia, Canada)
What is the test for a claim for loss of income based on a projected expansion of the business? (British Columbia, Canada)
What is the difference between moral claims and moral claims? (British Columbia, Canada)
Is there any case law or case law supporting the use of historical income figures for purposes of determining the value of individual income? (British Columbia, Canada)
What is the test for determining whether a plaintiff can claim damages for loss of income as a result of a motor vehicle accident? (British Columbia, Canada)
