What is the test for calculating compensation for loss of future earning capacity?
British Columbia, Canada
The following excerpt is from Millala v. Shaw-Smith, 2008 BCSC 1481 (CanLII):
Compensation for loss of future earning capacity is conceptualized as the loss of a capital asset. The more likely that this loss will materialize, the greater the compensation, and vice versa. The standard of proof to be applied when evaluating hypothetical events that may affect an award is simple probability, not the balance of probabilities: Rosvold v. Dunlop, 2001 BCCA 1 at ¶9.
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