What is the legal framework for a plaintiff’s past wage loss claim?
British Columbia, Canada
The following excerpt is from Lauriente v Schoonhoven, 2017 BCSC 2246 (CanLII):
The legal framework for such claims is straightforward. An award for a plaintiff’s past wage loss claim is to be based on what a plaintiff “would have” and not “could have” earned but for their injuries. Furthermore such claims are to be “assessed” on the basis of a loss of capacity: Ibbitson v. Cooper, 2012 BCCA 249 at para. 19.
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