What is the law regarding damages for loss of earning capacity?

British Columbia, Canada


The following excerpt is from Davidge v. Fairholm, 2014 BCSC 1948 (CanLII):

In Raikou v. Spencer, 2014 BCSC 1 at paras. 83-86 [Raikou] Mr. Justice Skolrood summarized the law regarding awarding damages for loss of earning capacity as follows: The principles governing an assessment of damages for lost earning capacity are well described by Mr. Justice Voith in Brewster v. Li, 2013 BCSC 774 at para 142:

The legal framework for the assessment of the plaintiff's future wage loss claim has been described numerous times. The decision of Reilly v. Lynn, 2003 BCCA 49, 10 B.C.L.R. (4th) 16 contains a useful summary of some of the principles and approaches that are to be used when assessing future earning capacity:

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