What is the test for loss of future earning capacity in a personal injury action?
British Columbia, Canada
The following excerpt is from Rabiee v. Rendleman, 2015 BCSC 595 (CanLII):
The guiding principles for loss of future earning capacity are set out in Langille v. Nguyen, 2013 BCSC 1460 at paras. 200 - 206, aff’d 2014 BCCA 430. Insofar as possible, compensation for lost earning capacity should put the plaintiff in the position she would have been but for the injuries caused by the defendant’s negligence. This requires a comparison of two future events: the likely future of the plaintiff’s working life as if the accident never happened versus the plaintiff’s likely future after the accident. Because future events are being assessed the burden of proof is simple probability rather than a balance of probabilities. There are two different approaches -- the earnings approach and the capital asset approach.
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