What factors have been used to determine whether a plaintiff has suffered a significant loss of capital asset?
British Columbia, Canada
The following excerpt is from Niessen v Emcon Services Inc., 2018 BCSC 1410 (CanLII):
Using the factors in Brown v. Golaiy (1985), 1985 CanLII 149 (BC SC), 26 B.C.L.R. (3d) 353 at para. 8 (S.C.), I would conclude that the plaintiff has suffered a significant loss of his capital asset and would make an award on par with that arrived at under the earnings approach.
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