What is the test for assessing loss of earning capacity under the capital asset approach?
British Columbia, Canada
The following excerpt is from Lewis v Gibson, 2018 BCSC 1713 (CanLII):
As Dickson J. (as he then was) describes the court's task in assessing loss of future earning capacity under the capital asset approach in Andrews v. Grand & Toy Alberta Ltd, 1978 CanLII 1 (SCC), [1978] 2 S.C.R. 229 at 251: We must now gaze more deeply into the crystal ball. What sort of a career would the accident victim have had? What were his prospects and potential prior to the accident? It is not loss of earnings but, rather, loss of earning capacity for which compensation must be made: [citations omitted]. A capital asset has been lost: what was its value?
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