What is the test for proving past income loss?
British Columbia, Canada
The following excerpt is from Briggs v Guliker, 2019 BCSC 1441 (CanLII):
Claims for “past loss of income” are properly characterized as a component of a loss of earning capacity. As such, proof of past income loss is estimated on the same footing as future loss clams. First, the court looks to whether the hypothetical events said to trigger the higher earning capacity is a real and substantial possibility. If so, then the court assesses the likelihood of this event occurring to quantify damages. These principles are set out in Grewal v. Naumann, 2017 BCCA 158:
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