What is the test for real and substantial loss of employment?

British Columbia, Canada


The following excerpt is from Gleason v. Yoon, 2015 BCSC 586 (CanLII):

The plaintiff submits that it is clear from Preece that even where a plaintiff has plans to continue working for her present employer for as long as possible, and there is no immediate prospect of that employer going out of business or otherwise terminating her employment, the test for real and substantial possibility of a future loss can still be made out. The primary consideration in such a case is whether or not the plaintiff’s ability to perform jobs that would be considered a realistic alternative has been diminished. Further, while the fact that no work has been missed due to the injuries may be a relevant factor for consideration, it is not a determinative: Munoz, at para. 177; Clark v. Kouba, 2014 BCCA 50 at para. 33.

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