Is a plaintiff entitled to general damages for continuing loss of earning capacity as a result of her motor vehicle accident?

Nova Scotia, Canada


The following excerpt is from Urbenz-Jacks v. Ploudre, 2011 NSSC 278 (CanLII):

The plaintiff clearly has not suffered a total loss of earning capacity as a result of the 2002 accident. As should now be clear, her medical problems relate to her pre-accident condition, as compounded by the 2002 accident, and her current inability to work is attributable to causes unrelated to the accident. In these circumstances, in my view, the claim for any ongoing lost earning capacity from the motor vehicle accident is best addressed under the heading of general damages: see, for instance, Warner v. 2331653 Nova Scotia Ltd., 2004 NSSC 142, 2004 CarswellNS 305, at paras. 67-73, and the cases cited therein. GENERAL DAMAGES

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