What is the net present value of a plaintiff's residual earning capacity for the purposes of calculating future earnings?
British Columbia, Canada
The following excerpt is from Niessen v Emcon Services Inc., 2018 BCSC 1410 (CanLII):
I must also remember that while his ability to work has been significantly diminished, the plaintiff has continued to work in the plumbing and heating industry (mostly serving existing customers) and has maintained a modest, though substantially reduced, income. This is not a situation where the plaintiff has suffered a total loss of income earning potential. Hence, his residual earning capacity must be subtracted from the net present value of his future earnings: Rosvold v. Dunlop, 2001 BCCA 1 at para. 11.
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