What is the test for establishing a claim for loss of earning capacity in the future?
British Columbia, Canada
The following excerpt is from Grudzien v. Hu, 2013 BCSC 720 (CanLII):
In order to establish a claim for loss of earning capacity in the future, a plaintiff must always prove that there is a real and substantial possibility of a future event leading to an income loss. If the plaintiff discharges that burden of proof, then depending upon the facts of the case, the plaintiff may prove the quantification of that loss of earning capacity either on an earnings approach, or a capital asset approach. The former approach will be more useful when the loss is more easily measureable. The latter approach will be more useful when the loss is not as easily measureable: Perren v. Lalari, 2010 BCCA 140, para. 32.
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