What is the threshold question in a personal injury action?
British Columbia, Canada
The following excerpt is from Daleh v Schroeder, 2019 BCSC 1179 (CanLII):
The threshold question is whether the plaintiff has established a real and substantial possibility that her income earning capacity has been impaired. If the plaintiff satisfies this burden, the court will then assess the quantum under this head of damages: Morgan v. Galbraith, 2013 BCCA 305 at para. 53. The defendants agree that there is a real and substantial possibility that the plaintiff will suffer some future lost income capacity.
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