What is the test for determining whether there is a loss of income for a plaintiff as a result of a motor vehicle accident?

British Columbia, Canada


The following excerpt is from Ghataurah v. Fike, 2008 BCSC 533 (CanLII):

Some of the considerations that can be taken into account in assessing whether there is a loss are (as originally set out in Brown v. Golaiy): 1. whether the plaintiff has been rendered less capable overall from earning income from all types of employment; 2. whether the plaintiff is less marketable or attractive as an employee to potential employers; 3. whether 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. whether the plaintiff is less valuable to himself as a person capable of earning income in a competitive labour market.

There is no reason why an injury which permits a plaintiff to continue in a particular occupation, but at a reduced level of performance and income, should not be compensated for through damages for loss of earning capacity (Sinnott v. Boggs, 2007 BCCA 267, 69 B.C.L.R. (4th) 276 at para. 15).

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