In what circumstances will a plaintiff receive an award for loss of earning capacity?
British Columbia, Canada
The following excerpt is from Chen v Ma, 2021 BCSC 645 (CanLII):
Accordingly, in order to receive an award for loss of earning capacity, a plaintiff must prove that there is a real and substantial possibility of a future event leading to an income loss. If the plaintiff discharges that burden of proof, then depending upon the facts of the case, the plaintiff may prove the quantification of that loss of earning capacity, either on an earnings approach or a capital asset approach: Perren v. Lalari, 2010 BCCA 140 at para. 32.
In Pololos v. Cinnamon-Lopez, 2016 BCSC 81[Pololos], Justice Voith, as he then was, conveniently summarized the applicable first principles as follows:
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