What is the test for assessing future income loss capacity for an injured person?
British Columbia, Canada
The following excerpt is from Zaruk v. Simpson et al., 2003 BCSC 1748 (CanLII):
In Brown v. Golaiy (1985), 26 B.C.L.R. (3d) 253, Finch J. (as he then was) described the means by which courts should assess future loss of earning capacity. At ¶ 8 he said: The means by which the value of the lost, or impaired, asset is to be assessed varies of course from case to case. Some of the considerations to take into account in making that assessment include whether: 1. The plaintiff has been rendered less capable overall from earning income from all types of employment; 2. the plaintiff is less marketable or attractive as an employee to potential employers; 3. the plaintiff has lost the ability to take advantage of all job opportunities which might otherwise have been open to him, had he not been injured; and 4. the plaintiff is less valuable to himself as a person capable of earning income in a competitive labour market.
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