Can a plaintiff claim compensation for past loss of earning capacity?

British Columbia, Canada


The following excerpt is from Gauthier v Chan, 2019 BCSC 1627 (CanLII):

As was observed in Rowe v. Bobell Express Ltd. 2005 BCCA 141, compensation for past loss of earning capacity is based on what the plaintiff would have earned, but was unable to because of the injury sustained.

Other Questions


In a loss of future earning capacity case, is a plaintiff entitled to an award for loss of earning capacity? (British Columbia, Canada)
In assessing future loss of earning capacity for loss of past and future earning capacity, what is the test for a loss of future earnings allowance? (British Columbia, Canada)
What is the test for a plaintiff to claim for loss of future income earning capacity? (British Columbia, Canada)
In the context of diminished earning capacity, what is the proper analysis of past and future diminished earnings capacity? (British Columbia, Canada)
What is the test for a plaintiff to succeed in a claim of loss of future earning capacity? (British Columbia, Canada)
Is a plaintiff entitled to compensation for loss of future earning capacity? (British Columbia, Canada)
What is the test for a plaintiff to claim damages for future loss of earning capacity? (British Columbia, Canada)
Is there a loss of earning capacity when there is no reduction in income earning capacity? (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 a plaintiff to claim damages for loss of earning capacity? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.