Is loss of future income-earning capacity a loss of capital asset?
British Columbia, Canada
The following excerpt is from Parker v. Martin, 2017 BCSC 446 (CanLII):
Loss of future income-earning capacity is loss of a capital asset in these circumstances. In Palmer v. Goodall (1991), 53 B.C.L.R. (2d), Madam Justice Southin said at p. 59: Because it is impairment that is being redressed, even a plaintiff who is apparently going to be able to earn as much as he could have earned if not injured or who, with retraining, on the balance of probabilities will be able to do so, is entitled to some compensation for the impairment. He is entitled to it because for the rest of his life some occupations will be closed to him and it is impossible to say that over his working life the impairment will not harm his income earning ability.
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