In what circumstances will the court take a capital asset approach?
British Columbia, Canada
The following excerpt is from Hermanson v. Durkee, 2014 BCSC 877 (CanLII):
In the circumstances of this case, the capital asset approach is appropriate. In Jurczak v. Mauro, 2013 BCCA 507, the court said that in such circumstances, though the approach is not a purely mathematical one, mathematical aids may be of some assistance. Specifically at paras. 35 to 37, it said:
Quantifying a loss may be aided by some mathematical calculation, but there is no particular formula. As stated in Rosvold v. Dunlop, 2001 BCCA 1:
"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
In what circumstances will a court take a capital asset approach? (British Columbia, Canada)
What is the test for assessing loss of capital asset under the capital asset approach? (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 appropriate capital asset approach to assessing damages for loss of capital assets? (British Columbia, Canada)
In what circumstances have courts awarded special costs in family law cases where a party deliberately misled the court about income and marital assets? (British Columbia, Canada)
What factors must the court consider under the capital asset approach? (British Columbia, Canada)
In what circumstances will the Supreme Court in BCSC 871 interpret the principles of the Court of Appeal in the context of the Canadian Court of Justice's decision on the doctrine of common law? (British Columbia, Canada)
What is the test for a claim for future income loss under an earnings approach or capital asset approach? (British Columbia, Canada)
In what circumstances will the court focus on the payor's income and assets that have not been included in the equalization or division of matrimonial assets? (British Columbia, Canada)
Is a plaintiff’s loss of income due to a motor vehicle accident a loss of capital asset or capital asset? (British Columbia, Canada)
