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.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.