Is a plaintiff entitled to an award for loss of earning capacity as a result of a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Chawla v Lambright, 2017 BCSC 1884 (CanLII):
An award for loss of earning capacity presents particular difficulties. As Dickson J. (as he then was) said, in Andrews v. Grand & Toy Alberta Ltd., I 1978 CanLII 1 (SCC), [1978] 2 S.C.R. 229 at 251: We must now gaze more deeply into the crystal ball What sort of a career 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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