What is the test for determining whether a plaintiff is liable in negligence for loss of future earning capacity?
British Columbia, Canada
The following excerpt is from McColl v. Sullivan, 2021 BCCA 181 (CanLII):
Defendants found liable in negligence are responsible for putting the plaintiff in the position they would have been in but for their injuries. In applying this principle, courts are tasked with “gaz[ing] … into the crystal ball” (Andrews v. Grand & Toy Alberta Ltd., 1978 CanLII 1 (SCC), [1978] 2 S.C.R. 229 at 251) with respect to loss of future earning capacity. This may include extrapolating from general statistics that reflect societal inequalities. The question which arises is: to what extent should these statistics serve as a measure of a disadvantaged group member’s damages?
"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.
Other Questions
In assessing future loss of earning capacity for loss of past and future earning capacity, what is the test for a loss of future earnings allowance? (British Columbia, Canada)
In a loss of future earning capacity case, is a plaintiff entitled to an award for loss of earning capacity? (British Columbia, Canada)
When assessing future earning capacity, when assessing loss of future earnings capacity, has the court ever considered a loss of income projection or projection? (British Columbia, Canada)
In assessing future loss of earning capacity for loss of past and future earning capacity, what allowances must be made and the award must be fair? (British Columbia, Canada)
What is the test for determining whether a plaintiff has impaired their earnings capacity or capital asset capacity? (British Columbia, Canada)
What is the impact of loss of future earning capacity on future earnings capacity? (British Columbia, Canada)
What is the test for determining whether a plaintiff’s earning capacity will be diminished as a result of injury? (British Columbia, Canada)
What is the test for determining whether a hypothetical or speculative opportunity can be used to determine damages for future loss of earnings as a result of a motor vehicle accident? (British Columbia, Canada)
Is there any case law that supports the argument that past loss of earning capacity affects future earning capacity? (British Columbia, Canada)
In the context of diminished earning capacity, what is the proper analysis of past and future diminished earnings capacity? (British Columbia, Canada)
