What is the test for a plaintiff to claim damages for past loss of income?
British Columbia, Canada
The following excerpt is from Egan v. Fairchild and Fairchild, 2004 BCSC 1645 (CanLII):
I am satisfied the plaintiff has established, on the balance of probabilities, that the injuries he sustained in the accident impaired his ability to earn income. In assessing the plaintiff's claim for past loss of income, I must consider how the plaintiff's life would have proceeded had he not been injured. These future events need not be proven on a balance of probabilities. The plaintiff must simply show a real and substantial possibility of loss: Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458.
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