What is the test for diminished earning capacity?
British Columbia, Canada
The following excerpt is from Rizzolo v. Brett, 2009 BCSC 732 (CanLII):
Diminished earning capacity was recently considered by our Court of Appeal in Steward v. Berezan, 2007 BCCA 150 at paras.16-17. The plaintiff must prove a real and substantial possibility of a future event leading to an actual income loss. The possibilities of such losses are to be given weight according to their relative likelihood. There is a duty on the plaintiff to mitigate his damages by seeking work that he can pursue despite his injuries and he may have to pursue training or education to qualify for such work.
"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 the context of diminished earning capacity, what is the proper analysis of past and future diminished earnings capacity? (British Columbia, Canada)
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)
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)
Is there any case law that supports the argument that past loss of earning capacity affects future earning capacity? (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)
Is there a loss of earning capacity when there is no reduction in income earning capacity? (British Columbia, Canada)
When assessing past loss of income or earning capacity, does the court consider past loss in income or future earning capacity? (British Columbia, Canada)
