What is the test for establishing a claim for future loss of income earning capacity?
British Columbia, Canada
The following excerpt is from Lally v. He, 2016 BCSC 2187 (CanLII):
To establish a claim for future loss of income earning capacity, a plaintiff must first prove a real and substantial possibility of a future event leading to a loss of income, as opposed to a speculative loss: Perren v. Lalari, 2010 BCCA 140 at para. 32. If the plaintiff discharges that burden, then the loss must be assessed, taking into account all realistic positive and negative contingencies.
"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 past loss of income or earning capacity, does the court consider past loss in income or future earning capacity? (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)
What is the impact of loss of future earning capacity on future earnings capacity? (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)
Is there a loss of earning capacity when there is no reduction in income earning capacity? (British Columbia, Canada)
How to calculate future income loss in the context of loss of income 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)
In a loss of future earning capacity case, is a plaintiff entitled to an award for loss of earning capacity? (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)
