What is the case law in favour of using earnings over capital assets?
British Columbia, Canada
The following excerpt is from Kam v. Van Keith, 2015 BCSC 1519 (CanLII):
I am satisfied also that there was a real and substantial possibility that she would obtain the promotion and that the proper approach is the earnings approach as compared to the capital asset approach discussed in Perren v. Lalari, 2010 BCCA 140 at para. 32.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the impact of the use of a capital asset approach in determining earnings? (British Columbia, Canada)
Is a spouse entitled to a spouse's pension as a capital asset as a result of the other spouse’s absence of other assets in favour of the pension? (British Columbia, Canada)
What is the test for determining whether a plaintiff has a capital asset under the capital asset approach? (British Columbia, Canada)
Does the use of income from a capital asset for family purposes constitute a family asset? (British Columbia, Canada)
What is the appropriate capital asset approach to assessing damages for loss of capital assets? (British Columbia, Canada)
What is the test for assessing loss of capital asset under the capital asset approach? (British Columbia, Canada)
What is the range of factors used in determining damages for a plaintiff’s loss of future earning capacity under the capital asset method? (British Columbia, Canada)
What is the current state of the law on loss of earning capacity when assessing capital asset versus earnings? (British Columbia, Canada)
What are the factors used in assessing whether a plaintiff has suffered a loss or impairment of his capital asset, the ability to earn income? (British Columbia, Canada)
Is a plaintiff’s loss of income due to a motor vehicle accident a loss of capital asset or capital asset? (British Columbia, Canada)
