How has the Court in BC considered diminished earning capacity as a separate head of damages in a case?
British Columbia, Canada
The following excerpt is from Barnes v. Richardson, 2010 BCCA 116 (CanLII):
The trial judge issued supplementary reasons indexed as 2009 BCSC 604. She confirmed that she had considered the “likelihood that the plaintiff would now attend university, the possibility that he would have attended even without the accident, the cost of university, and the lost income while attending university” in her assessment of damages for diminished earning capacity. (Para. 22.) She declined to address such costs as a separate head of damages, noting that in a recent case, Morrow v. Outerbridge 2009 BCSC 433, such costs had been considered under the general heading of loss of earning capacity. She concluded that the plaintiff had failed to show that the case should be reopened in order to avoid a miscarriage of justice, and declined to increase the amount of his damages. On Appeal
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