What is the appropriate formula for assessing loss of future earning capacity for a plaintiff who works full-time and part-time?
British Columbia, Canada
The following excerpt is from Hawkins v. Espiloy, 2014 BCSC 1804 (CanLII):
As stated in Perren v. Lalari, 2010 BCCA 140, there are two possible bases for assessing loss of future earning capacity: the earnings approach and the capital asset approach. Where the loss is quantifiable in a pecuniary way, the earnings approach will be appropriate, while the capital asset approach will be appropriate where it is not: Perren at para. 32. In this case, the mathematical earnings approach is appropriate because the sums payable for full-time and part-time work are easily determined. The plaintiff has an established career in a field where demand is strong and her position is secure.
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