What is the test for impairment of future earning capacity for a plaintiff who was about 30 years old at the time of her injury?
British Columbia, Canada
The following excerpt is from Haines v. Shewaga, 2009 BCSC 340 (CanLII):
In Perren v. Lalari, Mr. Justice Macaulay made a modest award for impairment of future earning capacity to a plaintiff who was about 30 years of age at the time of her injury. He found that the plaintiff was not competitively employable in work that would require heavy or repetitious lifting, but that there was no real possibility that she would choose that type of employment in the future. Macaulay J. stated the issue as being whether the plaintiff was entitled to any award, in those circumstances. He then conducted an extensive review of the authorities which would appear to be in conflict on this issue.
Mr. Justice Macaulay distinguished Steward v. Berezan on the facts (para 47) and concluded that an award can be justified either by proving a substantial risk of a future loss of income, or by proving a substantial possibility that the plaintiff’s earning capacity (her capital asset) would be impaired in the future.
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