What is the test for damages for loss of income earning capacity assessed as a capital asset?
British Columbia, Canada
The following excerpt is from Chandra v. Chen, 2010 BCSC 838 (CanLII):
I do not think any claim has been made out for damages for loss of income earning capacity assessed as a capital asset. In order for there to be a foundation for such damages, there must be a finding of a “substantial possibility of a future event leading to an income loss” (see: Perren v. Lalari, 2010 BCCA 140). I have found that the plaintiff has suffered injuries that have been overlaid by other stresses related to work. These have not been shown to relate to the injuries arising from the accident in the sense that they specifically aggravated those injuries, or that they arise because of conditions created by those injuries. There is, in any event reason to believe that a relatively short term resolution of the petitioner’s symptoms may be at hand. Lastly, the petitioner has been able to carry on at work through the more acute phase of the injuries properly attributable to the accident, and there is no reason to believe that her ability to perform strenuous occupations is apt to be impaired in future as a result of the injuries suffered in the accident, directly or indirectly. There will therefore be no assessment for damages for loss of capacity.
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