What are the factors used to determine whether a plaintiff has been rendered less capable overall from earning income from all employment?
British Columbia, Canada
The following excerpt is from Firman v Asadi, 2019 BCSC 270 (CanLII):
All of the Brown v. Golaiy factors are applicable: (1) the plaintiff has been rendered less capable overall from earning income from all types of employment; (2) she is less marketable or attractive as an employee to potential employers; (3) she has lost the ability to take advantage of all job opportunities which might otherwise have been open to her; and (4) the plaintiff is less valuable to herself as a person capable of earning income in a competitive labour market. Factors (1) and (3) are particularly applicable, in terms of assessment of lost future earning capacity in this case.
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