What is the legal test for valuing loss of future earning capacity under a loss of income calculation?
British Columbia, Canada
The following excerpt is from Tom v. Truong, 2002 BCSC 643 (CanLII):
The authorities also reject a purely mathematical and statistical approach in valuing loss of future earning capacity. Commenting on the subject of mathematical calculations in such cases, Hall J.A. held for the majority in Hay v. Hofmann (1999), 61 B.C.L.R. (3d) 275, 1999 BCCA 26 at para. 67: I believe that a consistent theme running through the authorities is that a trial judge, in deciding on an award of damages under the heading of anticipated future loss, whatever term one actually uses, ought to endeavour to make an informed estimate or assessment of anticipated loss as opposed to merely undertaking to do a computation. Because one is considering the future which has about it always an aspect of the unknowable, contingencies positive and negative fall to be considered. Ultimately, a best estimate is required and while there will almost invariably be mathematical calculations to be considered, a purely mathematical approach will usually not be appropriate because such an analysis is too limited in scope.
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