What is the current state of the law on loss of future earning capacity?
British Columbia, Canada
The following excerpt is from Lucas v Canniff, 2021 BCSC 1014 (CanLII):
There are two possible approaches to loss of future earning capacity: the “earnings approach” and the “capital asset approach”. Both approaches are correct and will be more or less appropriate depending on whether the loss in question, though proven, can be quantified in a pecuniary way: Perren v. Lalari, 2010 BCCA 140 at paras. 12 and 32 [Perren].
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In assessing future loss of earning capacity for loss of past and future earning capacity, what is the test for a loss of future earnings allowance? (British Columbia, Canada)
When assessing future earning capacity, when assessing loss of future earnings capacity, has the court ever considered a loss of income projection or projection? (British Columbia, Canada)
In assessing future loss of earning capacity for loss of past and future earning capacity, what allowances must be made and the award must be fair? (British Columbia, Canada)
What is the impact of loss of future earning capacity on future earnings capacity? (British Columbia, Canada)
In a loss of future earning capacity case, is a plaintiff entitled to an award for loss of earning capacity? (British Columbia, Canada)
What is the current state of the law on damages for loss of future earning capacity? (British Columbia, Canada)
Is there any case law that supports the argument that past loss of earning capacity affects future earning capacity? (British Columbia, Canada)
What is the current state of the law on loss of earning capacity when assessing capital asset versus earnings? (British Columbia, Canada)
In the context of diminished earning capacity, what is the proper analysis of past and future diminished earnings capacity? (British Columbia, Canada)
What is the impact of loss of future earning capacity on an individual’s earning capacity? (British Columbia, Canada)
