What is the legal framework for a loss of capacity claim?
British Columbia, Canada
The following excerpt is from Carlos v Maier, 2021 BCSC 1056 (CanLII):
In the recent case of Fletcher v. Biu, 2020 BCSC 1304 at paras. 94-96, this court described the legal framework for the assessment of a future loss of capacity claim as follows:
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