What is the test for determining whether a plaintiff’s earning capacity has been impaired by the accident?
British Columbia, Canada
The following excerpt is from Dufault v. Kathed Holdings Ltd. et al, 2007 BCSC 186 (CanLII):
The issue for me to decide under this head is the extent to which the accident has impaired the plaintiff’s earning capacity. As the cases indicate, the result cannot be calculated with anything approaching mathematical certainty: “The numerous uncertainties and contingencies render the resolution of that question an art rather than a science.” Miller v. Bittner, supra.
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