What are the legal principles in assessing loss of earning capacity?

British Columbia, Canada


The following excerpt is from Niessen v Emcon Services Inc., 2018 BCSC 1410 (CanLII):

Finally, I adopt the summary of the legal principles in assessing loss of earning capacity set out by Voith J. in Pololos v. Cinnamon-Lopez, 2016 BCSC 81 para. 133:

Other Questions


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 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)
What are the legal principles applicable to the assessment of loss of future earning capacity? (British Columbia, Canada)
In assessing future loss of earning capacity for loss of past and future earning capacity, what allowances must be made and the award must be fair? (British Columbia, Canada)
What are the legal principles applicable to the assessment of loss of future 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)
Is there a loss of earning capacity when there is no reduction in income earning capacity? (British Columbia, Canada)
What is the current state of the law on loss of earning capacity when assessing capital asset versus earnings? (British Columbia, Canada)
What are the principles used in assessing loss of future 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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.