What is the test for loss of future income earning capacity in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from McCully v Moss, 2019 BCSC 81 (CanLII):
There are two questions that arise in the claim for loss of future income earning capacity: 1) has the plaintiff’s earning capacity been impaired by his or her injuries; and if so, 2) what compensations should be awarded for the resulting financial harm that will accrue over time? The assessment of the plaintiff’s losses are to be based in the evidence and is not to be an application of a purely mathematical calculation: Hoy v. Williams, 2014 BCSC 234 at para. 153.
The essential task of the courts is to assess an award by comparing the likely future of the plaintiff’s working life if the accident had not happened with the plaintiff’s likely future working life after the accident: Gregory v. Insurance Corporation of British Columbia, 2011 BCCA 144 at para. 32.
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