What is the test for assessing loss of future earning capacity?
British Columbia, Canada
The following excerpt is from Sheoran v (British Columbia) Interior Health, 2022 BCSC 335 (CanLII):
The overarching principles that apply in assessing loss of future earning capacity were summarized by Mr. Justice Low in Reilly v. Lynn, 2003 BCCA 49. An assessment of damages is an assessment of loss, not a mathematical calculation. When assessing future events, the standard of proof is simple probability and hypothetical events are assessed based on their relative likelihood. The uncertainty of future events requires contingencies to be factored into the assessment of damages. Finally, after engaging in the proper assessment, the court must determine if the proposed damages award is fair and reasonable.
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