What is the test for determining whether a hypothetical or speculative opportunity can be used to determine damages for future loss of earnings as a result of a motor vehicle accident?

British Columbia, Canada


The following excerpt is from Frahm v. Laci, 2016 BCSC 1162 (CanLII):

The defendant submits that hypothetical or speculative opportunities are not an appropriate basis for an award of damages for future loss of earnings. Further, it is an error to base an award for future loss on a plaintiff’s perception that she is less valuable as an employee; a plaintiff must show a realistic possibility that she will be less able to compete in the marketplace, “… with economic consequences, not merely psychological ones” (Kim v. Morier, 2014 BCCA 63, at para. 8). The defendant says that the plaintiff has not proven that economic loss as a result of the 2011 accident is a real possibility.

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