What is the test for assessing loss of capacity under the capital asset approach?

British Columbia, Canada


The following excerpt is from Carroll v. Hunter, 2014 BCSC 2193 (CanLII):

Where the assessment is based on the capital asset approach, the court must consider the four questions in Brown and make findings of fact concerning the nature and extent of the plaintiff's loss of capacity and how that loss may impact the plaintiff's ability to earn income: Morgan v. Galbraith, 2013 BCCA 305 at para. 56.

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