What is the test for assessing damages for loss of income earning capacity?
British Columbia, Canada
The following excerpt is from Choi v Ottahal, 2022 BCSC 237 (CanLII):
The Court of Appeal summarized the approach that a trial judge should take in assessing damages for loss of income earning capacity in Rosvold v. Dunlop, 2001 BCCA 1 at paras. 8-11, noting the task of the court is to “assess damages, not to calculate them according to some mathematical formula”.
This was commented upon further in Hardychuk v. Johnstone, 2012 BCSC 1359, where the court outlined the principles in dealing with a claim for loss of future earning capacity:
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