In what circumstances will a plaintiff be awarded damages for loss of future earning capacity?
British Columbia, Canada
The following excerpt is from Sharma v Chui, 2019 BCSC 2115 (CanLII):
In Ju v. Morpurgo, 2019 BCSC 194 at paras. 59-60, no award was made for loss of future earning capacity. The court concluded that the plaintiff’s concern about her future employability did not rise above her subjective perception. The plaintiff’s expert did opine that heavy lifting would be difficult, but she had been successfully employed in a job that required no heavy lifting. On that basis, the court concluded the evidence did not establish a real and substantial possibility that her future earning capacity was impaired. It appears the only medical evidence in that case was a report from the plaintiff’s family doctor. The principal limitation in that report related to heavy lifting, which the court found would have no impact on her future employability. That distinguishes the case from the facts before me.
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