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
The following excerpt is from Adkin v. Grant, 2014 BCSC 1304 (CanLII):
The factors to be considered in determining the amount that should be awarded for a plaintiff’s loss of future earning capacity (using the capital asset method) are those that were set out in Brown v. Golaiy, (1985) 1985 CanLII 149 (BC SC), 26 B.C.L.R. (3d) 353, at para. 8 (S.C.), which are the following: 1. The plaintiff has been rendered less capable overall from earning income from all types of employment; 2. the plaintiff is less marketable or attractive as an employee to potential employers; 3. the plaintiff has lost the ability to take advantage of all job opportunities which might otherwise have been open to him, had he not been injured; and 4. The plaintiff is less valuable to himself as a person capable of earning income in a competitive labour market.
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