How did the issue of future loss of income arise in this trial?
British Columbia, Canada
The following excerpt is from Baluk v. Swiderski, 1995 CanLII 2297 (BC SC):
17 The issue in Peterson v. Bannon, supra, was not raised in this trial until the plaintiff replied in his argument to the submissions of defence counsel. From these facts I distinguish the facts in Peterson v. Barron, as here the issue had been raised directly at the examination for discovery over two years ago, the issue was central to the trial, the plaintiff led evidence on the issue and the evidence to support the defence was admitted without objection. While the issue was not raised here in the pleadings, it was thoroughly canvassed before and at trial. The plaintiff cannot (nor did he) say that he was taken by surprise. I allow the defence application to amend the statement of defence to raise the issue of mitigation to conform to the evidence. 3.Future Loss of Income:
"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
When a single issue is proposed for summary trial by way of summary trial, does the court have any consideration in deciding the issue as a whole? (British Columbia, Canada)
What is the impact of past and future income loss on future income growth? (British Columbia, Canada)
How to calculate future income loss in the context of loss of income earning capacity? (British Columbia, Canada)
Can a common issue or issue be tried in advance of individual issues? (British Columbia, Canada)
Can a trial judge ask for an estimate of future income loss for a child who was never considered to be an airline pilot? (British Columbia, Canada)
What must a plaintiff have to prove that there is a real and substantial possibility of a future event leading to a future loss of income? (British Columbia, Canada)
Does a plaintiff have to prove that there is a real and substantial possibility of a future event attributable to negligence leading to a future loss of income? (British Columbia, Canada)
What is the value of a plaintiff's income for the period between the time of trial and the date of trial? (British Columbia, Canada)
What factors will the Court consider in deciding whether it would be unjust to find that a summary trial is appropriate to consider the issues before deciding whether to proceed with a conventional trial? (British Columbia, Canada)
Is a self-employed real estate agent who receives income through his Personal Preference Tax Credit (PTC) entitled to income from a spouse's pre-tax income? (British Columbia, Canada)
