In what circumstances will a plaintiff be able to claim damages for loss of income capacity?
British Columbia, Canada
The following excerpt is from Van Hartevelt v. Grewal, 2012 BCSC 658 (CanLII):
In considering a claim for loss of earning capacity, Garson J.A., in Perren v. Lalari, 2010 BCCA 140 confirmed that a court must first enquire into whether there is a substantial possibility of future income loss before embarking on methods to assess a loss. A future or hypothetical possibility is only considered if it is a real and substantial possibility and not a speculation: Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458, 140 D.L.R. (4th) 235.
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