What factors will be considered in determining whether a plaintiff has been injured in the workplace?
British Columbia, Canada
The following excerpt is from Sanders v. Janze, 2009 BCSC 1059 (CanLII):
I must also consider those factors referred to in Sinnott v. Boggs, 2007 BCCA 267 at para. 9, 69 B.C.L.R. (4th) 276: 1. Has the plaintiff been rendered less capable overall from earning income from all types of employment; 2. Is the plaintiff ... less marketable or attractive as an employee to potential employers; 3. Has the plaintiff ... lost the ability to take advantage of all job opportunities which might otherwise have been open to him, had he not been injured; and 4. Is the plaintiff ... less valuable to himself as a person capable of earning income in a competitive labour market.
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