Is a plaintiff entitled to a reduction in performance and income as a result of the injuries sustained in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Demello v. Chaput, 2013 BCSC 106 (CanLII):
Sinnott v. Boggs, 2007 BCCA 267 at para. 15 is also relevant, in which Mackenzie, J.A. states: The line between non-pecuniary damages and damages for loss of earning capacity is between losses that sound in pain and suffering and loss of non-remunerative amenities on the one hand, and pecuniary losses in the form of a reduced ability to earn income on the other. There is no reason why an injury which permits a plaintiff to continue in a particular occupation but at a reduced level of performance and income should not be compensated for that pecuniary loss through damages for loss of earning capacity.
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