What are the factors used in assessing whether a plaintiff has suffered a loss or impairment of his capital asset, the ability to earn income?
British Columbia, Canada
The following excerpt is from Wilson v. Bird, 2008 BCSC 1586 (CanLII):
The factors to consider when assessing whether a plaintiff has suffered a loss or impairment of his capital asset, the ability to earn income, have been set out in Parypa at para. 31 and Rosvold v. Dunlop, 2001 BCCA 1 at para. 10. They include: 1. whether the plaintiff has been rendered less capable overall from earning income from all types of employment; 2. whether the plaintiff is less marketable or attractive as an employee to potential employers; 3. whether 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. whether the plaintiff is less valuable to himself as a person capable of earning income in a competitive labour market.
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