In the context of diminished earning capacity, what is the proper analysis of past and future diminished earnings capacity?
British Columbia, Canada
The following excerpt is from Palani v Lin, 2021 BCSC 59 (CanLII):
In Grewal v. Naumann, 2017 BCCA 158, Mr. Justice Goepel, writing in dissent (with the majority agreeing with his analysis), summarized the proper analysis of past and future diminished earning capacity at paras. 44–50:
With respect, I cannot agree. The appellants’ submission conflates the way courts deal with alleged past events and the way courts deal with hypothetical events, past or future. This fundamental distinction was explained in Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458:
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