What is the current state of the law on valuation of loss of earning capacity?
British Columbia, Canada
The following excerpt is from Thiara v Neuls, 2021 BCSC 1319 (CanLII):
The valuation of loss of earning capacity is a matter of assessment rather than a mathematical calculation. Under either approach, the court’s ultimate goal is to determine what is fair and reasonable in the circumstances. Projections, calculations and formulas may help determine what is fair and reasonable, and the court should start the analysis by considering them where available: Jurczak v. Mauro, 2013 BCCA 507 at paras. 36–37.
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