What is the test for a plaintiff to claim for loss of earning capacity?
British Columbia, Canada
The following excerpt is from Brock v. King, 2009 BCSC 1179 (CanLII):
The principles governing a claim for loss of earning capacity are set out in Rosvold v. Dunlop, 2001 BCCA 1, 84 B.C.L.R. (3d) 158. The court stated that: [8]…Where a plaintiff's permanent injury limits him in his capacity to perform certain activities and consequently impairs his income earning capacity, he is entitled to compensation. What is being compensated is not lost projected future earnings but the loss or impairment of earning capacity as a capital asset… [9]…The standard of proof to be applied when evaluating hypothetical events that may affect an award is simple probability, not the balance of probabilities…
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