What is the "capital asset" approach to determining whether a plaintiff has been rendered less capable of earning income from all types of employment?
British Columbia, Canada
The following excerpt is from Aselstyne v Stobbart, 2021 BCSC 26 (CanLII):
The “capital asset” approach involves considering factors such as: 1. Whether the plaintiff has been rendered less capable overall of earning income from all types of employment; 2. Whether the plaintiff is less marketable or attractive as a potential employee; 3. Whether the plaintiff has lost the ability to take advantage of job opportunities that might otherwise have been open; and 4. Whether the plaintiff is less valuable to himself as a person capable of earning income in a competitive labour market: Morgan v. Galbraith, 2013 BCCA 305 at paras. 53 and 56.
"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.
Other Questions
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)
What factors to consider when determining whether a plaintiff has been rendered less capable overall from earning income from all types of employment? (British Columbia, Canada)
What factors have been applied to determine whether a plaintiff has been rendered less capable overall from earning income from all types of employment? (British Columbia, Canada)
What factors have been applied in determining whether a plaintiff has been rendered less capable overall from earning income from all types of employment? (British Columbia, Canada)
What factors have been considered in determining whether a plaintiff has been rendered less capable overall from earning income from all types of employment? (British Columbia, Canada)
What are the factors used to determine whether a plaintiff has been rendered less capable overall from earning income from all employment? (British Columbia, Canada)
What is the test for determining whether a plaintiff has a capital asset under the capital asset approach? (British Columbia, Canada)
What is the test for determining whether a plaintiff has impaired their earnings capacity or capital asset capacity? (British Columbia, Canada)
What is the test for determining whether a plaintiff is less valuable to himself as a person capable of earning income in a competitive labour market? (British Columbia, Canada)
What are the factors used in assessing whether a plaintiff has suffered a loss or impairment of his capital asset, the ability to earn income? (British Columbia, Canada)
