What is the threshold issue in a personal injury action?
British Columbia, Canada
The following excerpt is from McLatchie v Guineau, 2017 BCSC 1950 (CanLII):
As an initial threshold issue, the plaintiff must demonstrate both impairment to his or her earning capacity and that, whether there is a real and substantial possibility that the diminishment in earning capacity will result in a pecuniary loss. It is not to be an exercise in the abstract though at the same time it was described in Andrews v. Grand & Toy Alberta Ltd., (1978), 1978 CanLII 1 (SCC), 83 D.L.R. (3d) 452 (S.C.C.) as “gaz[ing] … deeply into the crystal ball”.
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