What is the current state of the law in relation to the use of the capital asset approach?

British Columbia, Canada


The following excerpt is from Carleton v Warner, 2020 BCSC 436 (CanLII):

As I will explain, in this case the capital asset approach is applicable. The following comments of Savage J.A. in Villing v. Husseni, 2016 BCCA 422 are relevant:

Using the capital asset approach does not mean the assessment is unstructured. I agree with Garson J.A.'s observations in Morgan v. Galbraith, 2013 BCCA 305:

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