When will a plaintiff's income be calculated as a result of the First Accident?

British Columbia, Canada


The following excerpt is from Jajcaj v Bevans, 2021 BCSC 834 (CanLII):

In relation to loss of future earning capacity, the plaintiff also advanced the proposition that his income should be calculated based on the median income of a non-certified carpenter working on a full-time, full-year basis. Counsel for the plaintiff submitted that a 2,000-hour year was appropriate for calculating future losses. The plaintiff has no history of working that number of hours in any year, and to select the number of 2,000 hours would be mere speculation and unsupported by any evidence presented in this trial. The records which were placed in evidence for the years prior to the First Accident demonstrate that the plaintiff’s hours worked was only a percentage of 2,000 hours. The test submitted by the plaintiff for loss of income is not what others may have earned, but whether there was a real and substantial possibility of a future event that the plaintiff could not realize by virtue of the accident: Perren v. Lalari, 2010 BCCA 140 at para. 32. I do not accept that the plaintiff would have worked 2,000 hours per year or would have earned the median income of a non-certified carpenter working on a full-year basis, as evidenced by the plaintiff’s frequent abdication of the workforce.

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