Is there any case law that supports the argument that past loss of earning capacity affects future earning capacity?

British Columbia, Canada


The following excerpt is from Turner v Dionne, 2017 BCSC 1905 (CanLII):

With reference to past loss of earning capacity, Rowles J.A. in Smith v. Knudsen, 2004 BCCA 613, put the matter this way (at para. 29): . . . What would have happened in the past but for the injury is no more “knowable” than what will happen in the future and therefore it is appropriate to assess the likelihood of hypothetical and future events rather than applying the balance of probabilities test that is applied with respect to past actual events.

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