Can a plaintiff claim damages for loss of performance and income as a result of a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Ghataurah v. Fike, 2008 BCSC 533 (CanLII):
There is no reason why an injury which permits a plaintiff to continue in a particular occupation, but at a reduced level of performance and income, should not be compensated for through damages for loss of earning capacity (Sinnott v. Boggs, 2007 BCCA 267, 69 B.C.L.R. (4th) 276 at para. 15).
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