What is the test for assessing loss of capital asset under the capital asset approach?

British Columbia, Canada


The following excerpt is from Jantzi v Moore, 2020 BCSC 1489 (CanLII):

As set out in Brown v. Golaiy (1985), 1985 CanLII 149 (BC SC), 26 B.C.L.R. (3d) 353 at para. 8 (S.C.), under the capital asset approach the trial judge's task is to assess the loss after answering four questions, although the list of questions is not exhaustive, taking into consideration all the relevant factors arising from the evidence. The questions include: 1. whether the plaintiff has been rendered less capable overall from earning income from all types of employment; 2. whether the plaintiff is less marketable or attractive as an employee to potential employers; 3. whether the plaintiff has lost the ability to take advantage of all job opportunities which might otherwise have been open to him, had he not been injured; and 4. whether the plaintiff is less valuable to himself as a person capable of earning income in a competitive labour market.

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