What is the test for damages for lost earning capacity?
British Columbia, Canada
The following excerpt is from Tsalamandris v. McLeod, 2012 BCCA 239 (CanLII):
The appellants rely on the recent statement of the law governing proof of damages for lost earning capacity found in Perren v. Lalari, 2010 BCCA 140, 317 D.L.R. (4th) 729. There, at para. 23, Madam Justice Garson adopted and emphasized the following language of Mr. Justice Donald in Steward v. Berezan, 2007 BCCA 150, 64 B.C.L.R. (4th) 152:
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