What are the errors of the trial judge in assessing damages for loss of future earning capacity?
British Columbia, Canada
The following excerpt is from McKelvie v. Ng, 2001 BCCA 384 (CanLII):
The appellant says the trial judge erred: 1) in stating the test for causation and her reference to Athey v. Leonati 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458; 2) In misunderstanding the impact of the evidence concerning the plaintiff’s original position; and 3) In assessing damages for loss of future earning capacity both because of errors with respect to the effect of Athey, her misunderstanding of the evidence and because she took an approach which was too mathematical.
"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)
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)
In assessing future loss of earning capacity for loss of past and future earning capacity, what allowances must be made and the award must be fair? (British Columbia, Canada)
What is the impact of loss of future earning capacity on future earnings capacity? (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 test for assessing past lost earnings and future earning capacity? (British Columbia, Canada)
How are damages for loss of future income earning capacity assessed? (British Columbia, Canada)
What is the test for assessing damages for loss of future income earning capacity? (British Columbia, Canada)
What is the test for assessing damages for future loss of earning 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)
