What is the test for calculating past loss of earning capacity?
British Columbia, Canada
The following excerpt is from Karst v Foster, 2019 BCSC 1043 (CanLII):
It is impossible to calculate the plaintiff’s past loss of earning capacity with precision on the evidence, but of course precision is not required. The assessment of damages for past loss of earning capacity does not require mathematical certainty. The court’s task is assess a plaintiff’s damages for past loss of capacity rather than to calculate them mathematically: Falati v. Smith, 2010 BCSC 465 at para. 41, aff’d 2011 BCCA 45.
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