What is the defence argument in defence of a plaintiff's claim for loss of income earning capacity due to injury?
British Columbia, Canada
The following excerpt is from Dube v Dube, 2019 BCSC 687 (CanLII):
In particular, the defendant points to the plaintiff’s pre-accident time out of the workforce (2005-2009, 2011-2013). Defence submits that it is highly speculative to assume that the plaintiff would have achieved full-time hours without experiencing another physical or medical setback. The defendant maintains that mere speculation does not meet the “real and substantial possibility” test in order to claim for loss of income earning capacity: Ostrikoff v. Oliveira, 2015 BCCA 351 at paras. 15, 21.
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