In light of the analysis in Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 at paragraphs 31-33, even if there were an accident-related diminution of the plaintiff’s future earning capacity, there would have to be an apportionment between that loss of capacity and the loss attributable to rheumatoid arthritis which would necessarily reduce or eliminate the accident-related claim altogether.
"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.