Is there any case law where a plaintiff has to prove that there is a real possibility of future income loss?
British Columbia, Canada
The following excerpt is from Fillmore v. McKay, 2010 BCSC 1401 (CanLII):
Reliance was also placed in Perren on the decision of Donald J.A. in Steward v. Berezan, 2007 BCCA 150, where he said that an inability to perform an occupation that is not a realistic alternative opportunity, does not constitute proof of a future loss. Approval was also given to the decision of Bauman J. (now C.J.) in Chang v. Feng, 2008 BCSC 49, where he said the court must first inquire into whether there is a substantial possibility of future income loss before the court embarks on assessing the loss under either the capital asset approach or the real possibility approach.
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