Is expert evidence required in a claim for loss of income earning capacity?
Alberta, Canada
The following excerpt is from Wiebe v. Loadmasters International Transportation, 2005 ABQB 525 (CanLII):
Expert evidence is not required as long as a sufficient factual basis exists upon which damages may be awarded: Freyberg v. Fletcher Challenge Oil and Gas Inc., 2005 ABCA 46. As such, the question that must be answered in order to determine whether the opinion of an expert is necessary in order for damages for loss of income earning capacity to be awarded is whether a sufficient factual basis for the damage award exists. If a sufficient factual basis exists such that the trier of fact can form her own conclusion on the matter, expert evidence need not be provided to the court in order for damages to be awarded.
"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 a motor vehicle accident case, is there any defence argument that the deceased was a young child without any present income or future earning capacity? (Alberta, Canada)
What constitutes “non-expert opinion evidence” in identification evidence at trial? (Alberta, Canada)
What is the impact of a spouse’s lack of complete disclosure of income earning capacity on the calculation of child support? (Alberta, Canada)
Is there any requirement that an insurer honour a collision claim from its own insured before it can consider a subrogated claim from the other insurer? (Alberta, Canada)
What is the burden of proof required to establish that a deceased would have earned income in the future? (Alberta, Canada)
What are the damages for loss of income, cost of future care, cost-of-future care, and loss of earning capacity? (Alberta, Canada)
Is a finder of fact not compelled to discount the evidence of a witness on a point when an opposing witness has not been confronted and challenged with the contrary version of the evidence? (Alberta, Canada)
How to deal with post-trial loss of working capacity claims? (Alberta, Canada)
What is the range of negative contingencies applied to the male earning table at the same time as the female earning table? (Alberta, Canada)
In what circumstances will an insurer be able to proceed with a statement of claim for a motor vehicle accident due to the length of the claimant's claim? (Alberta, Canada)
