What is the test for impairment of income earning capacity in a retail merchandiser case?
British Columbia, Canada
The following excerpt is from Zigawe v. Rance, 2009 BCSC 1816 (CanLII):
The plaintiff is required to establish an impairment of her earning capacity as a capital asset. Here, I cannot find on the evidence that the plaintiff is likely to be less capable of earning income in her settled career as a retail merchandiser because of her left wrist condition. She still works forty to fifty hours a week, depending on contracts. There is insufficient evidence here of a "substantial possibility of loss of income earning capacity" to support this claim. See Bedwell v. McGill, 2008 BCCA 6, at para. 53:
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