If there is a loss of earning capacity, and its value, what are the risks and benefits of continuing pain and ongoing pain?
British Columbia, Canada
The following excerpt is from Moreira v Crichton, 2018 BCSC 1281 (CanLII):
I must then put both the risks of ongoing pain and the real prospects for amelioration in the context of the legal analysis to determine if there is a loss of earning capacity, and its value. The applicable law is well established. Counsel referred to Tsalamandris v. McLeod, 2012 BCCA 239 at para. 31, where the court said:
"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)
What is the impact of loss of future earning capacity on an individual’s earning capacity? (British Columbia, Canada)
Is there a loss of earning capacity when there is no reduction in income earning capacity? (British Columbia, Canada)
What is the impact of loss of future earning capacity on future earnings 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)
Is there any case law that supports the argument that past loss of earning capacity affects future earning capacity? (British Columbia, Canada)
What is the impact of a loss of income earning capacity on an individual's ability to continue to earn? (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)
Does loss of earning capacity award for a motor vehicle accident take into account factors which would have reduced income earning capacity even without the accident? (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)
