Is a plaintiff's future earnings loss subject to interest under s. 2 of the Personal Injury Act?

British Columbia, Canada


The following excerpt is from Wieser v. Pearson, 1979 CanLII 476 (BC SC):

In the Røed v. Tahsis Co. case, supra, Macfarlane, J., said (at p. 182): The contention of the defendants is that any loss based upon earnings which the deceased might have made after the date of judgment is future pecuniary loss falling within and not subject to interest under s. 2 of the Act.

Mr. Justice Macfarlane considered the judgment of Lord Denning in Jefford v. Gee, supra, first what Lord Denning said as to loss of future earnings [at p. 183]: “Where the loss or damage to the plaintiff is future pecuniary loss, e.g. loss of future earnings, there should in principle be no interest. The judges always give the present value at the date of trial, i.e., the sum which, invested at interest, would be sufficient to compensate the plaintiff for his future loss, having regard to all contingencies. There should be no interest awarded on this: because the plaintiff will not ham been kept out of any money. On the contrary, he will have received it in advance.” (My emphasis.)

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