Is a settlement or award of damages as compensation for injury or loss excluded property?
British Columbia, Canada
The following excerpt is from Hopson v Hannon, 2020 BCSC 794 (CanLII):
Section 85(1)(c) provides that a settlement or award of damages as compensation for injury or loss is excluded property but not if it represents compensation “for lost income” (s. 85(1)(c)(ii)). The “lost income” referred to in s. 85(1)(c)(ii) is, in my view, a past loss. The words are expressed in the past tense and, in their plain meaning, do not encompass compensation for future loss of income earning capacity: Boyd v. Foster, 2019 BCSC 901 at paras. 62–71.
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