What is the impact of a finding by a trial judge on the question of future loss of earning capacity?
British Columbia, Canada
The following excerpt is from Morlan v. Barrett, 2012 BCCA 66 (CanLII):
It is also important to keep in mind the deference that must be shown to a finding by a trial judge on the question of future loss of earning capacity. This was most recently discussed by Garson J.A. in Gregory v. Insurance Corporation of British Columbia, 2011 BCCA 144, 17 B.C.L.R. (5th) 101, where she said:
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