What is the test for loss of earning capacity in a personal injury action?
British Columbia, Canada
The following excerpt is from McCann v Anderson, 2019 BCSC 245 (CanLII):
In Audet v. Chan, 2018 BCSC 1123 at para. 90, the court held that in determining whether a plaintiff is entitled to an award for loss of earning capacity, the court must answer two key questions. The first is whether the plaintiff’s earning capacity has been impaired by his injuries. The second is what compensation should be awarded for the resulting harm that will accrue over time.
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