What is the test for assessing future earning capacity in a personal injury action?
British Columbia, Canada
The following excerpt is from Smith v. Neil, 2015 BCSC 9 (CanLII):
The plaintiff bears the onus of establishing a real and substantial possibility of a future event leading to an income loss before the court will consider an award of future earning capacity. Once established, the court must determine between the earnings approach or the capital asset approach: Perren v. Lalari, 2010 BCCA 140 at para. 32.
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