Is a plaintiff entitled to a loss of capital asset as a result of her loss of future earning capacity?

British Columbia, Canada


The following excerpt is from McLean v. Kraft, 2015 BCSC 2212 (CanLII):

The plaintiff submits and I agree that the capital asset approach to assessing her loss of future earning capacity is the correct approach. The law in that regard is set out by Garson J.A. in the case of Perren v. Lalari, 2010 BCCA 140 at para. 32:

Other Questions


In assessing future loss of earning capacity for loss of past and future earning capacity, what is the test for a loss of future earnings allowance? (British Columbia, Canada)
In a loss of future earning capacity case, is a plaintiff entitled to an award for loss of earning capacity? (British Columbia, Canada)
In assessing future loss of earning capacity for loss of past and future earning capacity, what allowances must be made and the award must be fair? (British Columbia, Canada)
What is the impact of loss of future earning capacity on future earnings capacity? (British Columbia, Canada)
What is the range of factors used in determining damages for a plaintiff’s loss of future earning capacity under the capital asset method? (British Columbia, Canada)
What is the test for determining whether a plaintiff has impaired their earnings capacity or capital asset capacity? (British Columbia, Canada)
When assessing future earning capacity, when assessing loss of future earnings capacity, has the court ever considered a loss of income projection or projection? (British Columbia, Canada)
What is the capital asset approach to the loss of future earning capacity for a plaintiff? (British Columbia, Canada)
Is a plaintiff entitled to compensation for loss of future earning capacity? (British Columbia, Canada)
Is a plaintiff entitled to an award for loss of earning capacity as a result of a motor vehicle accident? (British Columbia, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.