What is the test for determining whether a plaintiff has lost 15 years income earning ability as a result of the tortfeasor's actions?
British Columbia, Canada
The following excerpt is from Giang v. Clayton, Liang and Zheng, 2005 BCCA 54 (CanLII):
That being so, the jury, acting judicially (see McLean v. McCannell, 1937 CanLII 1 (SCC), [1937] S.C.R. 341 at 343), could not reasonably conclude that the respondent, through the tortious act of the appellants, had lost 15 years income earning ability. It was, however, open to the jury to compensate the respondent for the substantial chance, whether one calls it a probability or not, of the loss of five working years of her occupation as a kitchen worker.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What factors have been applied to determine whether a plaintiff has been rendered less capable overall from earning income from all types of employment? (British Columbia, Canada)
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)
What factors to consider when determining whether a plaintiff has been rendered less capable overall from earning income from all types of employment? (British Columbia, Canada)
What is the test for determining whether a hypothetical or speculative opportunity can be used to determine damages for future loss of earnings as a result of a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a plaintiff can claim damages for loss of income as a result of a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a defendant is liable for loss of income as a result of their actions? (British Columbia, Canada)
What is the test for determining whether there is a loss of income for a plaintiff as a result of a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a plaintiff is less valuable to himself as a person capable of earning income in a competitive labour market? (British Columbia, Canada)
What factors have been applied in determining whether a plaintiff has been rendered less capable overall from earning income from all types of employment? (British Columbia, Canada)
What is the test for determining whether a plaintiff must prove a substantial probability of a future that will result in loss of income? (British Columbia, Canada)
