What is the test for calculating loss of future earnings capacity in a personal injury case?
British Columbia, Canada
The following excerpt is from Madill v. Sithivong, 2010 BCSC 1848 (CanLII):
As Huddart J.A. said in Rosvold v. Dunlop: What is being compensated is not lost projected future earnings but the loss or impairment of earning capacity as a capital asset. In some cases, projections from past earnings may be a useful factor to consider in valuing the loss but past earnings are not the only factor to consider. Because damage awards are made as lump sums, an award for loss of future earning capacity must deal to some extent with the unknowable. The standard of proof to be applied when evaluating hypothetical events that may affect an award is simple probability, not the balance of probabilities.
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