What is the appropriate level of compensation for loss of income earning capacity?
British Columbia, Canada
The following excerpt is from Harris v Teo, 2019 BCSC 1631 (CanLII):
With respect to the appropriate level of compensation, the two potential approaches to assessing loss of income earning capacity were discussed by Justice Abrioux in Karim v. Li, 2015 BCSC 498 at paras. 148-151. The earnings approach involves a mathematical methodology using the plaintiff’s minimum annual income loss, multiplied by the plaintiff’s remaining income earning years, and devising a present day value. The capital asset approach is used when the future loss cannot be measured in a pecuniary way.
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