What are the principles governing a claim for loss of future earning capacity?

British Columbia, Canada


The following excerpt is from Kijowski v. Scott, 2015 BCSC 2335 (CanLII):

Turning to the claim for loss of future earning capacity, the principles governing an assessment of such a claim are well described by Mr. Justice Voith in Brewster v. Li, 2013 BCSC 774 at para 142:

The legal framework for the assessment of the plaintiff's future wage loss claim has been described numerous times. The decision of Reilly v. Lynn, 2003 BCCA 49, 10 B.C.L.R. (4th) 16 contains a useful summary of some of the principles and approaches that are to be used when assessing future earning capacity:

Other Questions


In assessing future loss of earning capacity for loss of past and future earning capacity, what is the test for a loss of future earnings allowance? (British Columbia, Canada)
In assessing future loss of earning capacity for loss of past and future earning capacity, what allowances must be made and the award must be fair? (British Columbia, Canada)
When assessing future earning capacity, when assessing loss of future earnings capacity, has the court ever considered a loss of income projection or projection? (British Columbia, Canada)
What is the impact of loss of future earning capacity on future earnings capacity? (British Columbia, Canada)
Is there any case law that supports the argument that past loss of earning capacity affects future earning capacity? (British Columbia, Canada)
In the context of diminished earning capacity, what is the proper analysis of past and future diminished earnings capacity? (British Columbia, Canada)
What is the impact of loss of future earning capacity on an individual’s earning capacity? (British Columbia, Canada)
In a loss of future earning capacity case, is a plaintiff entitled to an award for loss of earning capacity? (British Columbia, Canada)
What are the principles applicable to claims for past and future loss of earning capacity? (British Columbia, Canada)
What are the principles to be considered in determining a claim for loss of future earning capacity? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.