What is the test for determining whether a plaintiff can claim damages for loss of income as a result of a motor vehicle accident?
British Columbia, Canada
The following excerpt is from N. M. v Contreras-Ramirez, 2021 BCSC 1341 (CanLII):
The plaintiff must first establish, on a balance of probabilities, that the injuries sustained in the accident impaired her ability to earn income; that is, there must be a causal connection. Once she has done this, the hypothetical pecuniary loss must be assessed on the basis of relative likelihood: Smith v. Knudsen, 2004 BCCA 613 at paras. 36-37; Athey at para. 27.
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