What factors are considered to determine whether a plaintiff has been rendered less capable overall from earning income from all types of employment?
British Columbia, Canada
The following excerpt is from Robinson v. Bud’s Bar Inc., 2015 BCSC 1767 (CanLII):
The four key factors listed by Justice Finch (as he then was) in Brown v. Golaiy, and cited with approval in Perrin, are: 1. the plaintiff has been rendered less capable overall from earning income from all types of employment; 2. the plaintiff is less marketable or attractive as an employee to potential employers; 3. the plaintiff has lost the ability to take advantage of all job opportunities which might otherwise have been open to him, had he not been injured; and 4. the plaintiff is less valuable to himself as a person capable of earning income in a competitive labour market.
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