What is the test for damages for loss of past earning capacity?
British Columbia, Canada
The following excerpt is from Bramley v. Lee, 2016 BCSC 1105 (CanLII):
In the result, to award damages for loss of past earning capacity, the court must be satisfied, on a balance of probabilities, that the accident caused an impairment of the plaintiff's ability to engage in some activity relevant to his income earning potential and, if so satisfied, the court must assess the chances that the plaintiff would have earned more income than he did earn in the pre-trial period had he not been injured and make an award based on that assessment that reflects all realistic contingencies: Smith v. Knudsen, 2004 BCCA 613 at paras. 31, 36-37.
"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)
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 a loss of future earning capacity case, is a plaintiff entitled to an award for loss of earning capacity? (British Columbia, Canada)
Does loss of earning capacity award for a motor vehicle accident take into account factors which would have reduced income earning capacity even without the accident? (British Columbia, Canada)
What is the impact of loss of future earning capacity on future earnings capacity? (British Columbia, Canada)
What is the impact of loss of future earning capacity on an individual’s 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)
Is there any case law that supports the argument that past loss of earning capacity affects future earning capacity? (British Columbia, Canada)
Is there a loss of earning capacity when there is no reduction in income earning capacity? (British Columbia, Canada)
What is the range of damages for past loss of earnings and lost future earning capacity? (British Columbia, Canada)
