What are the general damages for pre-trial income losses in a motor vehicle accident?
Newfoundland and Labrador, Canada
The following excerpt is from Dobbin v Alexander Enterprises Limited, 1987 CanLII 3961 (NL CA):
Where a person is self-employed (as in the case of Tucker v. Stanbury (1981), 32 Nfld. & P.E.I.R. 64; 91 A.P.R. 64 (Nfld.C.A.)), underemployed or unemployed at the time of the accident, pre-trial income losses should be regarded as general damages because they are not damages of a nature which can be specifically pleaded and strictly proven. This is not to suggest, of course, that the best evidence should not be presented to the court. For example, in the Tucker v. Stanbury case, the plaintiff failed to adduce all of the evidence that was available to him to sustain his claim for pre-trial income losses.
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