How have the courts in England and Canada assessed loss of future earning capacity in the context of marriage?
British Columbia, Canada
The following excerpt is from Blackstock v. Patterson, 1982 CanLII 435 (BC CA):
In the English cases, the courts, in the absence of actuarial or statistical evidence, have, in assessing the loss of future earning capacity, assumed that the benefits and detriments relating to the lost prospects of marriage will be about equal. In other words, while there may be a loss of pecuniary benefit this loss will be offset by reason of the fact that upon marriage the plaintiff will not work as long as she normally would if she had not been married: see Moriarty v. McCarthy, [1978] 1 W.L.R. 155, [1978] 2 All E.R. 213.
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