How is loss of earning capacity assessed in a personal injury action?
British Columbia, Canada
The following excerpt is from Vo v Navarro, 2021 BCSC 1534 (CanLII):
Depending on the facts of a case, loss of earning capacity may be assessed using either the earnings approach or the capital asset approach. The former approach will be more useful when the loss is more easily measurable, while the latter approach will be more useful when the loss is not measurable in a pecuniary way. A plaintiff may be able to prove that there is a substantial possibility of a future loss of income despite having returned to his or her usual employment: Perren v. Lalari, 2010 BCCA 140 at paras. 12 and 32.
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