What is the legal test for assessing post-accident, pre-trial loss of earning capacity?
British Columbia, Canada
The following excerpt is from Sooch v. Snell, 2012 BCSC 696 (CanLII):
This court in Falati at para. 40, summarized the pertinent legal principles governing the assessment of post-accident, pre-trial loss of earning capacity and concluded that: ... the determination of a plaintiff’s prospective post-accident, pre-trial losses can involve considering many of the same contingencies as govern the assessment of a loss of future earning capacity. ... As stated by Rowles J.A. in Smith v. Knudsen, 2004 BCCA 613, 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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