What is the legal test for calculating future loss of earnings as a result of a loss of capital assets?
British Columbia, Canada
The following excerpt is from Kwong v. Leonard, 2012 BCSC 1818 (CanLII):
The appropriate legal principles to be applied are as follows: 1. The claimant bears the onus of proving a substantial possibility of a future event leading to an income loss, and the court must then award compensation on an estimation of the chance that the event will occur. 2. Compensation may be available for loss of earning capacity, in an appropriate case, rather than for a calculation of future loss of earnings. A future or hypothetical possibility of a future event must not be one of mere speculation; it will only be taken into consideration if it is a real and substantial possibility. 3. The capital asset approach is more appropriate where the loss, though proven, is not measurable in a pecuniary way: Perren v. Lalari, 2010 BCCA 140.
"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
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)
Is a plaintiff entitled to a loss of capital asset as a result of her loss of future earning capacity? (British Columbia, Canada)
How is loss of future income earning capacity calculated in the capital asset approach? (British Columbia, Canada)
What is the impact of loss of future earning capacity on future earnings capacity? (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 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)
How is the calculation of loss of future earning capacity calculated? (British Columbia, Canada)
What is the test for determining whether a plaintiff has a capital asset under the capital asset approach? (British Columbia, Canada)
Is loss of future income-earning capacity a loss of capital asset? (British Columbia, Canada)
What is the proper way to assess future loss of capital as a form of capital asset? (British Columbia, Canada)
