British Columbia, Canada
The following excerpt is from Zigawe v. Rance, 2009 BCSC 1816 (CanLII):
The plaintiff is required to establish an impairment of her earning capacity as a capital asset. Here, I cannot find on the evidence that the plaintiff is likely to be less capable of earning income in her settled career as a retail merchandiser because of her left wrist condition. She still works forty to fifty hours a week, depending on contracts. There is insufficient evidence here of a "substantial possibility of loss of income earning capacity" to support this claim. See Bedwell v. McGill, 2008 BCCA 6, at para. 53:
In addition, it was necessary for the appellant to have proven a substantial possibility of a future event leading to an income loss (see Steward v. Berezan, 2007 BCCA 150, 64 B.C.L.R. (4th) 152 at para. 17). Based on the trial judge's finding with respect to the extent of her ongoing injuries caused by the accident and the fall, and the lack of evidence that such injuries could lead to a future income loss, it follows that she did not prove such a substantial possibility.
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