What is the test for an award in a personal injury case?
British Columbia, Canada
The following excerpt is from Haines v. Shewaga, 2009 BCSC 340 (CanLII):
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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