What is the test for an award of loss of income and earning capacity in a personal injury action?
British Columbia, Canada
The following excerpt is from Kim v. Khaw, 2014 BCSC 2221 (CanLII):
In MacKenzie v. Rogalasky, 2011 BCSC 54 at paras. 272 [Rogalasky], Madam Justice Ker summarizes that an award of loss of income and earning capacity is meant to restore the plaintiff to the “position he or she would have been in if not for the injuries caused by the defendant’s negligence”. Although usually treated as a separate head of damage, it is actually a component of loss of earning capacity because it represents the “loss of value of the work an injured plaintiff would have performed but was unable to perform because of the injury” (para. 273).
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