What is the test for a claim for loss of future earning capacity?
British Columbia, Canada
The following excerpt is from Devito v Watson, 2020 BCSC 1106 (CanLII):
In addition to the general principles that are applicable to both past and future loss of earning capacity, a claim for loss of future earning capacity involves two fundamental questions. First, has the plaintiff’s future earning capacity been impaired by their injuries and, if so, what compensation should be awarded for the resulting financial harm that will accrue over time: Hoy v. Williams, 2014 BCSC 234 [Hoy] at para. 153. This is an assessment of loss based on the evidence, and is not the application of a purely mathematical calculation: Hoy at para. 153.
In discussing the question of loss of future earning capacity, Garson J. said in Gregory v. Insurance Corporation of British Columbia, 2011 BCCA 144:
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