What is the burden of proving a loss of future earning capacity?
British Columbia, Canada
The following excerpt is from Gleason v. Yoon, 2015 BCSC 586 (CanLII):
To prove a loss of future earning capacity, the plaintiff must satisfy a two part test. First, she must prove an impairment to her earning capacity on a balance of probabilities. Second, she must prove that there is a real and substantial possibility that the diminishment in earning capacity will result in a pecuniary loss in the future. If the possibility of a future loss is found to be “merely speculative”, then the plaintiff will not have met the burden required: Midgley v. Nguyen, 2013 BCSC 693 at paras. 236-239.
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