What is the test for impairment of earning capacity in a plaintiff's employment history?
British Columbia, Canada
The following excerpt is from Neil v Martin, 2021 BCSC 1727 (CanLII):
Even in circumstances where employment data appear to show no reduction or even an increase in income following an injury, where a plaintiff continues to suffer to some degree from the effects of an accident which have an impact on his work, there is an impairment of earning capacity. For example, in Cheung v. MacDonald et al, 2004 BCSC 222, it was argued that the plaintiff’s income following the accident was higher than it had ever been. Mr. Justice Ehrcke said at paras. 84 and 85:
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