What is the test for a plaintiff to claim damages for future loss of earning capacity?
British Columbia, Canada
The following excerpt is from Wang v. McNaught, 2017 BCSC 454 (CanLII):
The plaintiff's loss of earning capacity in the future must be proven by evidence sufficient to demonstrate that there is a real and substantial possibility of future losses. See Perren v. Lalari, 2010 BCCA 140.
I am satisfied that the plaintiff has shown that he has lost capacity to earn income in the future because of his accident injuries. The appropriate amount to award as damages for the future loss of income earning capacity is not a matter of calculation. It is a matter of assessment. See Rosvold v. Dunlop, 2001 BCCA 1.
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