What is the test for estimating loss of earning capacity for a plaintiff in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Schaffner v Greenbank, 2021 BCSC 1603 (CanLII):
A plaintiff is entitled to be compensated for real and substantial possibilities of loss, which are to be quantified by estimating the chance of the loss occurring. The valuation of loss of earning capacity may involve a comparison of what the plaintiff would probably have earned but for the Accident with what he will probably earn in his injured condition. Since the course of future events is unknown, allowance must be made for the contingency that the assumptions upon which the award is based may prove to be wrong: Reilly v. Lynn, 2003 BCCA 49 at para. 101.
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