What is the test for a plaintiff to succeed in a claim of loss of future earning capacity?
British Columbia, Canada
The following excerpt is from Boparai v. Boparai Estate, 2014 BCSC 1539 (CanLII):
To succeed in a claim of loss of future earning capacity, a plaintiff is required to prove a substantial possibility of a future event resulting in a loss. If such an event is proven, then it is open to the plaintiff to quantify his loss according to the earnings that he will lose (the “earnings approach”), or by the harm that has been caused to him as a capital asset in the working world (the “capital asset approach”): Perren v. Lalari, 2010 BCCA 140 at para. 32.
The capital asset approach is particularly useful in the case of a young person who does not yet have a track record of earnings or a settled career: Sinnott v. Boggs, 2007 BCCA 267.
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