What is the test for loss of future earning capacity in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Faizi v Thandi, 2019 BCSC 434 (CanLII):
In determining a claim for loss of future earning capacity, the court must consider two questions: Hoy v. Williams, 2014 BCSC 234 at para. 153 [Hoy]. The first question is: has the plaintiff’s earning capacity been impaired by his or her injuries? This is measured by whether there is sufficient evidence that there exists a real and substantial possibility of future income loss. If yes, the second question is: what compensation should be awarded for the resulting financial harm that will accrue over time?
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