Can a plaintiff who works in his or her pre-accident occupation still reasonably expect to lose income?

Determining whether the evidence supports a real and substantial possibility of a future event leading to income loss can be a challenging exercise where the plaintiff has significant debilitating injuries but is still functioning in his or her pre-accident occupation. It is clear from the jurisprudence that the task of the court is to determine whether the hypothetical events have evidentiary support that rises above “mere speculation”. It is also clear that plaintiffs who work at their pre-accident jobs post-accident are not precluded from advancing an evidentiary basis of a real and substantial possibility of future income loss. One example is a plaintiff who was on an upward career trajectory but is stalled or limited on that trajectory due to the accident injuries: Clark v. Kouba, 2014 BCCA 50.