What is the test for a plaintiff to claim for loss of future income earning capacity?
British Columbia, Canada
The following excerpt is from Woloschuk v Neuman, 2021 BCSC 940 (CanLII):
A claim for loss of future income earning capacity requires a consideration of two questions: 1) has the plaintiff’s earning capacity been impaired by his or her injuries; and, if so 2) what compensation should be awarded for the resulting financial harm that will accrue over time? The assessment of the plaintiff’s losses is to be based in the evidence, and is not to be an application of a purely mathematical calculation: Hoy v. Williams, 2014 BCSC 234 at para. 153.
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