Is a plaintiff entitled to an award for loss of earning capacity?
British Columbia, Canada
The following excerpt is from Allen v Figueira, 2020 BCSC 1864 (CanLII):
The onus is on the plaintiff to establish that she is entitled to an award for loss of earning capacity. The plaintiff must first establish that there is a real and substantial possibility that her injuries will result in a future loss of earnings. If the plaintiff satisfies the first step in the analysis, then the plaintiff must quantify the loss. In Perren v. Lalari, 2010 BCCA 140, Madam Justice Garson described the plaintiff's onus at para. 32 as follows:
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