What is the appropriate time for determining net income loss?
British Columbia, Canada
The following excerpt is from Elzinga v Sharpe, 2019 BCSC 314 (CanLII):
The trial judge has a discretion to determine what period(s) of time are appropriate for the determination of net income loss: Lines v. W & D Logging Co. Ltd., 2009 BCCA 106 at paras. 181-186. In exercising this discretion, the trial judge should keep in mind that the plaintiff is to be put back in the position he or she would have been in had the accident not occurred: Lines at paras. 185-186.
"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
When determining damages for loss of income that may have been lost due to negligence, is the loss of capacity to earn compensable loss? (British Columbia, Canada)
Is a party’s income for income tax purposes considered income for purposes of determining child support obligations? (British Columbia, Canada)
What is the standard of proof required for assessing a loss of income before a loss is determined? (British Columbia, Canada)
What are the factors for determining the appropriate compensation for pain, suffering, loss of enjoyment of life and loss of amenities? (British Columbia, Canada)
When assessing past loss of income or earning capacity, does the court consider past loss in income or future earning capacity? (British Columbia, Canada)
What is the best evidence used to determine Guidelines income for the purposes of determining the payor’s income? (British Columbia, Canada)
What is the test for determining whether a person can claim damages for loss of income due to the loss of employment benefits? (British Columbia, Canada)
How to calculate future income loss in the context of loss of income earning capacity? (British Columbia, Canada)
What is the test for determining an award for loss of capacity to earn income? (British Columbia, Canada)
What is the range of damages for pain and suffering, loss of enjoyment of life and non-pecuniary loss of income? (British Columbia, Canada)
