How did the issue of future loss of income arise in this trial?
British Columbia, Canada
The following excerpt is from Baluk v. Swiderski, 1995 CanLII 2297 (BC SC):
17 The issue in Peterson v. Bannon, supra, was not raised in this trial until the plaintiff replied in his argument to the submissions of defence counsel. From these facts I distinguish the facts in Peterson v. Barron, as here the issue had been raised directly at the examination for discovery over two years ago, the issue was central to the trial, the plaintiff led evidence on the issue and the evidence to support the defence was admitted without objection. While the issue was not raised here in the pleadings, it was thoroughly canvassed before and at trial. The plaintiff cannot (nor did he) say that he was taken by surprise. I allow the defence application to amend the statement of defence to raise the issue of mitigation to conform to the evidence. 3.Future Loss of Income:
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