Is a plaintiff entitled to an award for loss of earning capacity as a result of a motor vehicle accident?

British Columbia, Canada


The following excerpt is from Chawla v Lambright, 2017 BCSC 1884 (CanLII):

An award for loss of earning capacity presents particular difficulties. As Dickson J. (as he then was) said, in Andrews v. Grand & Toy Alberta Ltd., I 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: . . A capital asset has been lost: what was its value?

Other Questions


Does loss of earning capacity award for a motor vehicle accident take into account factors which would have reduced income earning capacity even without the accident? (British Columbia, Canada)
In a loss of future earning capacity case, is a plaintiff entitled to an award for loss of earning capacity? (British Columbia, Canada)
Is a plaintiff entitled to past loss of earnings as a result of the injury sustained in a motor vehicle accident? (British Columbia, Canada)
Is a plaintiff entitled to an award for costs of future care for a plaintiff who was injured in a motor vehicle accident? (British Columbia, Canada)
What is the value of a plaintiff’s future earnings as a result of a motor vehicle accident? (British Columbia, Canada)
What is the impact of a motor vehicle accident on a plaintiff's earning capacity? (British Columbia, Canada)
What is the test for loss of future income earning capacity for a plaintiff in a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a plaintiff’s earning capacity will be impaired by the injuries sustained in a motor vehicle accident? (British Columbia, Canada)
What is the test for an award for loss of earning capacity in a motor vehicle accident? (British Columbia, Canada)
What is the impact of a motor vehicle accident on a plaintiff's future income earning capacity? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.