What is the test for determining loss of capacity?
British Columbia, Canada
The following excerpt is from Hartman v MMS Homes Ltd., 2021 BCSC 2165 (CanLII):
In determining loss of capacity, the court must first determine if there is a loss of capacity. If there is a loss of capacity, the court must determine whether the loss of capacity will result in a pecuniary loss. A likelihood of a pecuniary loss must be valued by the court, grounded in the evidence, and the court must assess the relative likelihood of the possibility of such loss occurring: Rab v. Prescott, 2021 BCCA 345 at para. 47.
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