What is the test for a plaintiff to claim damages for loss of earning capacity?
British Columbia, Canada
The following excerpt is from Reitsema v Lammers, 2017 BCSC 1374 (CanLII):
In order to receive an award for loss of earning capacity, a plaintiff must prove a real and substantial possibility that his or her earning capacity has been impaired: Perren v. Lalari, 2010 BCCA 140 at paras. 30‑32 [Perren]. If the plaintiff has discharged the burden of proof, then the judge must turn to an assessment of damages. The assessment may be based on an earnings approach or a capital asset approach: Perren at para. 32. An earnings approach is most appropriate where the loss is more easily quantifiable. In general, a party may be forced to default to a capital asset approach where the loss is not easily quantifiable.
Using the capital asset approach does not mean the assessment is unstructured. I agree with Garson J.A.’s observations in Morgan v. Galbraith, 2013 BCCA 305:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a plaintiff to claim damages for future loss of earning capacity? (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)
What is the test for a plaintiff to claim damages for past loss of earning capacity? (British Columbia, Canada)
In what circumstances will a plaintiff be denied a claim for damages for loss of future earning capacity? (British Columbia, Canada)
In assessing future loss of earning capacity for loss of past and future earning capacity, what is the test for a loss of future earnings allowance? (British Columbia, Canada)
Is there any case law that supports the argument that past loss of earning capacity affects future earning capacity? (British Columbia, Canada)
What is the range of factors used in determining damages for a plaintiff’s loss of future earning capacity under the capital asset method? (British Columbia, Canada)
In what circumstances will a plaintiff be awarded damages for loss of future earning capacity? (British Columbia, Canada)
Is there a loss of earning capacity when there is no reduction in income earning capacity? (British Columbia, Canada)
What is the test for a plaintiff to claim damages for past and future loss of income capacity? (British Columbia, Canada)
