What is the test for a claim for past loss of earning capacity?
British Columbia, Canada
The following excerpt is from Wiebe v Wiebe, 2017 BCSC 898 (CanLII):
A claim for past loss of earning capacity is based on the value of the work that the injured plaintiff would have performed but was unable to perform because of the injury: Rowe v. Bobell Express Ltd. 2005 BCCA 141 at para. 30. A common method of assessing this value is to project the net income the plaintiff would have earned in the period between the accident and the trial had the accident not occurred, taking into account all realistic contingencies, and to award the difference between the projected net income and the actual net income the plaintiff did earn or was capable of earning during that period. Hypothetical events, including what the plaintiff would have earned in the absence of the accident, need not be proved on a balance of probabilities, but rather are given weight based on their likelihood: Smith at para. 29.
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