What is the test for damages for loss of capacity as a capital asset in the working world?
British Columbia, Canada
The following excerpt is from Catling v. Poteryko, 2017 BCSC 311 (CanLII):
The plaintiff is required to prove a substantial possibility of a future event resulting in a loss in order to recover damages for loss of future earning capacity. If such an event is proven, then it is open to the plaintiff to quantify his loss according to the earnings that he will lose (the “earnings approach”), or by the harm that has been caused to his capacity as a capital asset in the working world (the “capital asset approach”): Perren v. Lalari, 2010 BCCA 140 at para. 32.
The principles to be applied in making the assessment under this head of damages are summarized in Falati v. Smith, 2010 BCSC 465 at para. 41, aff’d 2011 BCCA 45:
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