Is a plaintiff’s loss of income due to a motor vehicle accident a loss of capital asset or capital asset?
British Columbia, Canada
The following excerpt is from Kagrimanyan v Weir, 2018 BCSC 1458 (CanLII):
On the one hand, the capital asset approach is most appropriate where the plaintiff’s loss, though proven, “is not measurable in a pecuniary way”: Perren v. Lalari, 2010 BCCA 140 at para. 12. This may be the case where the plaintiff’s injuries have resulted in some general impact on his or her general capacity to earn income from any source, where the plaintiff has no clear earnings history, or where an analysis of earning history is not helpful in assessing the impact of the plaintiff’s injury on post-accident earning capacity: Hinder.
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