What is the test for compensation for loss of income?

British Columbia, Canada


The following excerpt is from Cook v. Symons, 2014 BCSC 1781 (CanLII):

Since Andrews v. Grand & Toy Alberta Ltd., 1978 CanLII 1 (SCC), [1978] 2 S.C.R. 229, it has been acknowledged that, technically speaking, it is not the loss of earnings for which compensation is being made; rather, it is for loss or impairment of a capital asset, namely, the plaintiff’s capacity to earn income.

Other Questions


Is a party’s income for income tax purposes considered income for purposes of determining child support obligations? (British Columbia, Canada)
Is a self-employed real estate agent who receives income through his Personal Preference Tax Credit (PTC) entitled to income from a spouse's pre-tax income? (British Columbia, Canada)
What is the test for compensability under section 5.1(b) of the Workers’ Compensation Act? (British Columbia, Canada)
What is the legal test for a workplace injury to be a compensable one in workers’ compensation law? (British Columbia, Canada)
Are expenses claimed against commission income or self-employment income for child and spousal support purposes? (British Columbia, Canada)
Can a court impute income to a spouse or former spouse under section 19 of the Income Tax Guidelines? (British Columbia, Canada)
Is there any case law or case law supporting the use of historical income figures for purposes of determining the value of individual income? (British Columbia, Canada)
Is compensation going exclusively to reimbursement of expenses considered income for child and spousal support purposes? (British Columbia, Canada)
What grounds can be used to impute income under the Income Tax Guidelines? (British Columbia, Canada)
What is the impact of past and future income loss on future income growth? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.