What is the test for assessing damages for loss of earning capacity in a personal injury case?
British Columbia, Canada
The following excerpt is from Flores v Burrows, 2018 BCSC 334 (CanLII):
As noted recently by Justice Sewell in Chong v. Nguyen, 2017 BCSC 1564, at paras. 100-101, in assessing damages for lost earning capacity, whether past or future, the court must consider hypothetical events that need not be proven on a balance of probabilities.
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