What is the test for an award for loss of income earning capacity?

British Columbia, Canada


The following excerpt is from O’Brien v. Cernovec, 2016 BCSC 1881 (CanLII):

The object of an award for loss of income earning capacity is to put the plaintiff in the position he would have occupied had he not been injured. As Willcock J.A. stated in Crimeni v. Chandra, 2015 BCCA 131 at para. 15, the award “must be measured by seeking to approximate the actual economic loss the plaintiff has suffered.”

Other Questions


Does loss of earning capacity award for a motor vehicle accident take into account factors which would have reduced income earning capacity even without the accident? (British Columbia, Canada)
What is the test for an award of loss of income and earning capacity in a personal injury action? (British Columbia, Canada)
What is the test for an award for past loss of income earning capacity? (British Columbia, Canada)
What is the test for an award for future loss of income-earning capacity? (British Columbia, Canada)
What is the legal framework applicable to determining an appropriate award for past and future income earning capacity? (British Columbia, Canada)
What is the defence and defence position of the BC Board of Arbitration for Sport's decision not to award past lost income or for lost future earning capacity? (British Columbia, Canada)
When assessing past loss of income or earning capacity, does the court consider past loss in income or future earning capacity? (British Columbia, Canada)
In a loss of future earning capacity case, is a plaintiff entitled to an award for loss of earning capacity? (British Columbia, Canada)
In assessing future loss of earning capacity for loss of past and future earning capacity, what allowances must be made and the award must be fair? (British Columbia, Canada)
Is there a loss of earning capacity when there is no reduction in income earning capacity? (British Columbia, Canada)