What is the standard of proof in a loss of earning capacity case?
British Columbia, Canada
The following excerpt is from Culos v. Chretien, 2012 BCSC 1050 (CanLII):
In Perren v. Lalari, 2010 BCCA 140, Garson J.A. described the standard of proof that a plaintiff must meet in order to receive damages for a loss of earning capacity. At para. 23, Madam Justice Garson adopted and emphasized the following language of Mr. Justice Donald in Steward v. Berezan, 2007 BCCA 150, 64 B.C.L.R. (4th) 152:
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