What is the test for loss of future income earning capacity for a plaintiff in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Ball v. Moorman, 2002 BCSC 395 (CanLII):
In respect of loss of future income earning capacity, the measurement of the loss also does not involve an apportionment between causes; rather it requires assessment of the plaintiff’s “original position” and her “injured position” and determining the difference between these positions as per the directions in Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458. In this case the defendants argued that, quite apart from the plaintiff’s state of health and the injuries sustained in the accident, several other factors would have shortened her working career, most significantly that she was dependent upon her significantly older husband for transportation to and from her job and to some extent for actual assistance with the job. His health has deteriorated and he has required her to provide some care for him.
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