What is the test for calculating damages for loss of future earning capacity?

British Columbia, Canada


The following excerpt is from Lim v. Anderson, 2012 BCSC 263 (CanLII):

This is not a case in which damages for loss of future earning capacity can be assessed using an earnings approach. Rather, I must use a capital asset approach. In other words, there is no basis for doing a mathematical calculation of income lost per year and then giving a present value for that loss. At the end of the day, as Huddart J.A. observed in Rosvold v. Dunlop, 2001 BCCA 1 at para. 18, the assessment of damages is a matter of judgment, not a calculation.

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