Is there any case law or case law supporting the use of historical income figures for purposes of determining the value of individual income?

British Columbia, Canada


The following excerpt is from Jamal v. Kemery-Higgins, 2017 BCSC 213 (CanLII):

Along a similar vein, in Crimeni v. Chandra, 2015 BCCA 131, Willcock J.A. reasons as follows in regard to the use of gender-specific historical income figures:

Experts are frequently asked to estimate the income losses by using gender-specific historical income figures. Such figures may be useful where they can fairly be said to be the most accurate predictor of the lost stream of earnings. However, there is authority for the proposition that the use of female earning statistics may incorporate gender bias into the assessment of damages. There is also authority for taking judicial notice of convergence in gender incomes: Steinebach v. O’Brien, 2011 BCCA 302.

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