What is the impact of a motor vehicle accident on a plaintiff's future income earning capacity?

British Columbia, Canada


The following excerpt is from Clark v. Bullock, 2013 BCSC 944 (CanLII):

As to the claim for loss of future income earning capacity, the observations of Garson J.A. in Perren v. Lalari, 2010 BCCA 140 at paragraph 32 are apt: A plaintiff must always prove … that there is a real and substantial possibility of a future event leading to an income loss. … I am not satisfied there was or is a real and substantial possibility that the plaintiff would have continued to work beyond 2012. He turned 66 years old in August 2012. He had a pre‑existing problem with his knee that would have made it increasingly uncomfortable to remain in a cramped cockpit. He had surgery on the knee in 2006. Absent the motor vehicle accident he may not have needed surgery until some years later. By 2012 I am satisfied he would have had the surgery and likely would have ended his employment coincidentally with doing so.

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