Is there a loss of earning capacity when there is no reduction in income earning capacity?
British Columbia, Canada
The following excerpt is from Mojahedi v. Friesen, 2016 BCSC 1225 (CanLII):
That, however, is not the end of the matter. Where there is a loss of earning capacity, it is an error to dismiss a claim simply because income did not fall after an injury. Loss of earnings or loss of income should not be confused with the loss of the capital asset that is the income earning capacity (Zajaczkowski v. Grauer, 2016 BCCA 48, at para. 38).
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