What is the test for assessing past loss of earning capacity in the context of loss of opportunity?
British Columbia, Canada
The following excerpt is from Sekhon v Gill, 2019 BCSC 811 (CanLII):
Because of the casual basis of the plaintiff’s employment and the variability in the work available to her, any claim for past loss of earning capacity must be assessed as a lost opportunity rather than calculated on the basis of lost regular income over a defined period. In Sidhu v. Johal, 2012 BCSC 587, the court said at para. 159:
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