What is the test for an award for loss of earning capacity in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Martin v Steunenberg, 2021 BCSC 1411 (CanLII):
An award for loss of earning capacity is based on the recognition that a plaintiff's capacity to earn income is an asset which has been taken away. In Andrews v. Grand & Toy Alberta Ltd., 1978 CanLII 1 (SCC), [1978] 2 S.C.R. 229 at 251, Dickson J., as he then was, said: We must now gaze more deeply into the crystal ball. What sort of acareer would the accident victim have had? What were his prospects and potential prior to the accident? It is not loss of earnings but, rather, loss of earning capacity for which compensation must be made:... A capital asset has been lost: what was its value? …
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