What is the test for calculating capital asset calculations?

British Columbia, Canada


The following excerpt is from Wearne v Rosbergen, 2019 BCSC 1783 (CanLII):

Though the capital asset approach is not a “mathematical calculation”, the trial judge must still explain the factual basis of the award: Morgan v. Galbraith, 2013 BCCA 305 at para. 56.

Other Questions


What is the appropriate capital asset approach to assessing damages for loss of capital assets? (British Columbia, Canada)
What is the test for assessing loss of capital asset under the capital asset approach? (British Columbia, Canada)
What is the test for determining whether a plaintiff has a capital asset under the capital asset approach? (British Columbia, Canada)
Is a plaintiff’s loss of income due to a motor vehicle accident a loss of capital asset or capital asset? (British Columbia, Canada)
When a spouse's assets are not family assets, is one of the spouses entitled to an equal division of assets? (British Columbia, Canada)
How is the net asset value of a broken-up marriage calculated when the parties agree the total family debts as at least as at the time of separation are to be deducted from the total assets? (British Columbia, Canada)
What is the proper way to assess future loss of capital as a form of capital asset? (British Columbia, Canada)
Is a husband's contribution to a business considered a family asset in determining if the business asset is a business asset? (British Columbia, Canada)
What is the legal test for calculating future loss of earnings as a result of a loss of capital assets? (British Columbia, Canada)
Does the use of income from a capital asset for family purposes constitute a family asset? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.