What is the test for assessing loss of capital asset in a personal injury action?
British Columbia, Canada
The following excerpt is from M.W.S. v I.L.M., 2017 BCSC 2309 (CanLII):
A trial judge must assess the loss of the capital asset taking into consideration relevant factors which include whether: 1. The plaintiff has been rendered less capable overall from earning income from all types of employment; 2. The plaintiff is less marketable or attractive as an employee to potential employers; 3. The plaintiff has 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. The plaintiff is less valuable to himself as a person capable of earning income in a competitive labour market. (Perren v. Lalari, 2010 BCCA 140, Garson J.A. at para. 11)
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