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
The following excerpt is from Nelson v. Kanusa Construction Ltd., 1995 CanLII 1769 (BC SC):
4. The plaintiff is less valuable to himself as a person capable of earning income in a competitive labour market. In Palmer v. Goodall (supra) 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 training, 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. In Earnshaw v. Despins (supra) Madam Justice Southin said (at p. 399): In my opinion, the true questions the jury must address in a claim such as this are:
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