Is there any evidence that a plaintiff’s concern that he is at risk of losing his job at Tantalus?
British Columbia, Canada
The following excerpt is from Rutkowski v Nadarajah, 2020 BCSC 583 (CanLII):
The plaintiff submits that he is at risk of getting laid off. It is notable that there have been periodic lay offs at Tantalus in the past, including after the Accident, and to date the plaintiff has kept his job. To the extent that the plaintiff believes he is at greater risk for being laid off because of his injuries, I cannot find that this is a rational belief given the plaintiff’s long and apparently successful tenure working at Tantalus. Subjective worry over losing one’s job is not enough to ground a claim for loss of income earning capacity: Kim v. Morier, 2014 BCCA 63 at para. 8.
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